[Code 1959, § 22.161; amended 6-13-2022 by Ord. No. 22-6]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
DANGEROUS BUILDING
A building or structure that has one or more of the following
defects or is in one or more of the following conditions:
(1)
A door, aisle, passageway, stairway or other means of exit does
not conform to the approved fire code of the Village.
(2)
A portion of the building or structure is damaged by fire, wind,
flood or other cause so that the structural strength or stability
of the building or structure is appreciably less than it was before
the catastrophe and does not meet the minimum requirements of the
building code of the Village for a new building or structure, purpose
or location.
(3)
A part of the building or structure is likely to fall, become
detached or dislodged, or collapse and injure persons or damage property.
(4)
A portion of the building or structure has settled to such an
extent that walls or other structural portions of the building or
structure have materially less resistance to wind than is required
in the case of new construction by the building code of the Village.
(5)
The building or structure, or a part thereof, because of dilapidation,
deterioration, decay, faulty construction or the removal or movement
of some portion of the ground necessary for the support, or for some
other reason, is likely to partially or completely collapse, or some
portion of the foundation or underpinning of the building or structure
is likely to fall or give way.
(6)
The building or structure, or a part thereof, is manifestly
unsafe for the purpose for which it is used.
(7)
The building or structure is damaged by fire, wind or flood,
or is dilapidated or deteriorated, and becomes an attractive nuisance
to children who might play in the building or structure to their danger,
or becomes a harbor for vagrants, criminals or immoral persons, or
enables persons to resort to the building or structure for committing
a nuisance or an unlawful or immoral act.
(8)
A building or structure used, or intended to be used, for dwelling
purposes, including the adjoining grounds, because of dilapidation,
decay, damage, faulty construction or arrangement, or otherwise, is
unsanitary or unfit for human habitation, is in a condition that the
health officer determines is likely to cause sickness or disease,
or is likely to injure the health, safety or general welfare of people
living in the building or structure.
(9)
A building or structure is vacant, dilapidated and open at the
door or window, leaving the interior of the building exposed to the
elements or accessible to entry by trespassers.
(10)
A building or structure remains unoccupied for a period of 180
consecutive days or longer, and is not listed as being available for
sale, lease or rent with a real estate broker licensed by the state.
For purposes of this subsection, the term "building or structure"
includes, but is not limited to, a commercial building or structure.
This subsection does not apply to either of the following:
a.
A building or structure as to which the owner or agent does
both of the following:
1.
Notifies the Police Department that the building or structure
will remain unoccupied for a period of 180 consecutive days. The notice
shall be given to the Police Department by the owner or agent not
more than 30 days after the building or structure becomes unoccupied.
2.
Maintains the exterior of the building or structure and adjoining
grounds in accordance with the building code of the Village.
b.
A secondary dwelling of the owner that is regularly unoccupied
for a period of 180 days or longer each year, if the owner notifies
the Police Department that the dwelling will remain unoccupied for
a period of 180 consecutive days or more each year. An owner who has
given such notice shall notify the Police Department not more than
30 days after the dwelling no longer qualifies for such exception.
As used in this subsection the term "secondary dwelling" means a dwelling,
such as a vacation home, hunting cabin or summer home, that is occupied
during part of a year by the owner or a member of the owner's
family.
c.
A new building or new structure under construction that meets
all of the following conditions: 1) has a valid building permit, 2)
demonstrates that significant and continuous progress is being made
toward completion, 3) secures the property and takes all other necessary
safety precautions, and 4) otherwise complies with this division and
all applicable laws, ordinances, and regulations.
It is unlawful for any owner or his agent to keep or maintain any dwelling, or part thereof, which is a dangerous building as defined in §
6-61.
A person who fails or refuses to comply with an order approved or modified by the Village Council under §
6-64 within the time prescribed by such section is guilty of a misdemeanor.
An owner aggrieved by any final decision or order of the Village Council under §
6-64 may appeal the decision or order to the circuit court by filing a petition for an order of superintending control within 20 days from the date of the decision.