[1983 Code]
As used in this chapter is hereby defined to mean and include:
Any building, shed, fence or other man-made structure which
is dangerous to the public health because of its condition, and which
may cause or aid in the spread of disease, or injury to the health
of the occupants of it or neighboring structures;
Any building, shed, fence or other man-made structure which
because of faulty construction, age or lack of proper repair or any
other cause, is especially liable to fire and constitutes or creates
a fire hazard;
Any building, shed, fence or other man-made structure, which
by reason of faulty construction or any other cause, is liable to
cause injury or damage by collapsing or by a collapse or fall of any
part of such structure;
Any building, shed, fence or other man-made structure, which
because of its condition or because of lack of doors or windows is
available to and frequented by malefactors or disorderly persons who
are not lawful occupants of such structure.
A.
No person being the owner, occupant or lessee of any building or
other structure which is so occupied or so situated as to endanger
persons or property, shall permit such building or structure by reason
of faulty construction, age, lack of proper repair or any other cause,
to become especially liable to fire, or to become liable to cause
injury or damage by collapsing or otherwise.
B.
No person being the owner, occupant or lessee of any building or
structure, shall keep or maintain or allow to be kept or maintained
on such premises, combustible or explosive material which may endanger
the safety of said building or premises.
A.
When any building in the Village shall, by reason of fire or other
casualty, or by reason of faulty construction, age, lack of proper
repair, or any other cause, become a hazard or menace so as to endanger
persons or property, the President and Board of Trustees may declare
the same to be a danger or menace and abate the same. Where such building
has become extra dangerous so that the hazard therefrom to life or
property is imminent, and the necessity for immediate action arises,
the Village President, the Building Commissioner, the Fire Chief or
the Police Chief may order the removal of a part or all of such building
without previous notice to the owner. But, notice to the owner shall
be given as soon as possible.
B.
Where such extra danger may be guarded against by protective measures
without destroying or removing such building or part thereof, the
President shall cause an investigation to be made through the proper
department of the Village to determine the extent and character of
the condition and the steps necessary to correct the same. When such
investigation shall have been completed and submitted to the President
and Board of Trustees, they may by resolution determine in what manner
such hazard or menace shall be removed or abated.
C.
Notice by personal service or by registered or certified mail shall
be given the owner, and a hearing granted him at the next regular
meeting of the Board, if he requests it prior to, or at such meeting,
whereupon the President and Board of Trustees shall adopt such resolution
as in their discretion they may deem proper or necessary to remove
such hazard or menace, and may require the owner within such reasonable
time as may be specified in the resolution to abate such condition.
When any wooden building situated within the Village limits
shall, by reason of fire, decay or otherwise, become damaged in value
to the extent of 50% or more, as hereinafter determined, the President
and Board of Trustees may order the same removed in the following
manner:
A.
The Chief of the Fire Department or any officer of the Village, upon
being informed that any wooden building within the fire limits of
the Village has become damaged by fire, decay or has otherwise depreciated
from any cause, to the extent of 50% of its value, shall report the
same to the Village President.
B.
Upon order of the President, the Building Commissioner shall make
or cause to be made by those experts in such matters, an estimate
of the cost of repairing and restoring such buildings to good condition.
He shall refer the matter to a local authority on real estate values,
for an appraisal of the fair cash market value of such building in
such restored condition. The Building Commissioner shall make a complete
detailed report to the President of his estimate of the cost of repairing
and restoring such building, and shall also deliver the appraisal
by the appraisal committee or other authority, to the President.
C.
If such estimate and appraisal shall show that the building has become
damaged by fire, decay or has otherwise depreciated to the extent
of 50% or more of its value as so appraised, the President and Board
of Trustees may adopt a resolution finding such to be the fact and
setting a time and place at which the owner may appear before the
Board or a committee of the Board to be heard upon the matter, and
the Village Clerk shall thereupon notify the owner by delivering to
him a copy of such resolution. Upon such hearing, or if owner fails
to appear, the Board shall take such action by resolution as the facts
may require, and may adopt a resolution condemning the building and
ordering the owner to remove the same. If such resolution is adopted,
the Village Clerk shall deliver a copy of the resolution to the owner.
The Board shall then proceed to cause the removal of such building
as in case of a nuisance, and the owner shall be required to reimburse
the Village for the entire cost of such removal.
D.
If the owner cannot be found, the Village Clerk shall deliver or
send copies of such resolution and notice by registered or certified
mail to his last known address and shall post copies thereof upon
the building. If the building is occupied, the Village Clerk shall
also deliver copies of such resolution and notice to the occupant.
The provisions of this chapter shall not be taken as limiting
the duties, powers and authority of any officer or department of the
Village respecting other ordinances providing for remedying defects
in buildings.
Any person who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions
of this chapter shall, unless otherwise specifically provided herein,
be fined not less than $25 nor more than $500 for each offense. Each
day that a violation is permitted to exist shall constitute a separate
offense.
