As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL BUILDING
Any building that is nonresidential.
MIXED-USE BUILDING
Any building that is a mix of residential and nonresidential.
NUISANCE
Embraces public nuisances known at common law or in equity jurisprudence and whatever is dangerous to human life or detrimental to health and whatever building is overcrowded or is not provided with adequate means of ingress and egress or is not sufficiently supported, ventilated, sewered, drained or cleaned and whatever renders the air or human food or drink unwholesome are also severally, in contemplation of this chapter, nuisances. All such nuisances are hereby declared illegal.
OCCUPIED or OCCUPANCY
As applied to any commercial or mixed-use building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or occupancy."
OWNER
The record owner of the title to any premises and also anyone exercising the rights of ownership therein at the time of the making of any order with regard thereto by the Village Board and shall include a lessee of the entire building or structure, other than a single-family private dwelling, or a mortgagee in possession.
PERSONS INTERESTED
The owner, as herein defined, and all other persons interested in the property to which such words refer.
RENTAL PREMISES
Any premises occupied under or by virtue of a rental or lease agreement, verbal or written, or where any sum or thing is paid for occupancy or charge is made for use and/or occupancy or where occupancy is pursuant to a contract of purchase or installment payment contract or free of payment by the occupant where payment is made by another or any other occupancy or arrangement for charge of any kind.
REPAIR
Any alteration, structural change or the performance of any act necessary or requisite to make any building or structure or any part thereof, found by the Village Board or Superintendent of Buildings to be a dangerous building or a substandard building, within the purview of this chapter.
All buildings or structures which have any or all of the following defects shall be deemed dangerous buildings:
A. 
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle 1/3 of its base.
B. 
Those which have been damaged or have deteriorated so as to have become, in the judgment of the Village Board, dangerous to the life, health, morals or general welfare of the occupants thereof or to the people of the Village. Any building or structure which, exclusive of the foundation, shows 33 1/3% or more damage to or deterioration of the supporting members or 50% or more damage to or deterioration of the nonsupporting enclosing or outside walls or coverings shall be deemed a dangerous building.
C. 
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
D. 
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose. Those having inadequate facilities for ingress or egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication used.
E. 
Those which have parts thereof which are so attached that they may fall and injure the occupants thereof or members of the public or property.
F. 
Those buildings existing in violation of any provision of the building code of the Village[1] or any provision of the fire prevention laws or regulations of said Village[2] or other ordinances of the Village.
[1]
Editor's Note: See Ch. 86, Building Construction, of this Code.
[2]
Editor's Note: See Ch. 115, Fire Prevention, of this Code.
Whenever the provisions of any local ordinance, resolution or regulation imposes requirements with regard to commercial or mixed-use buildings inconsistent with the terms and provisions of this chapter or any part thereof, the provisions of this chapter shall govern, provided that, should any such ordinance, resolution or regulation impose more stringent requirements with regard to dangerous buildings, as herein defined, than the provisions of this chapter impose, then such more stringent requirements shall be construed to apply.
A. 
Right of inspection; certificate to issue. The owner of any building used, in whole or in part, for human occupancy and against whom no proceedings hereunder are pending with regard to such building may request the Superintendent of Buildings to cause an inspection thereof to be made, whereupon the Superintendent of Buildings shall cause an inspection of such building to be made and if, upon such inspection and a report thereon to the Village Board, it shall be disclosed that the same is not a dangerous building, the Village Board will direct the Superintendent of Buildings to issue a certificate to that effect to such applicant. The issuance of such certificate is not to be construed as a finding that such building is not a dangerous building beyond the date of issuance thereof. Should, however, such inspection disclose said building or structure to be a dangerous building, the Village Board will direct the Superintendent of Buildings to give written notice to the applicant to appear before them on a certain date within 15 days from the date of said notice and shall thereupon proceed in the same manner as prescribed in § 95-7B, C, D, E and F of this chapter. Such notice shall contain the same particulars as are required by § 95-6D hereof.
B. 
Effect of application for inspection. No qualified owner who has applied for inspection, pursuant to Subsection A of this section, shall be prosecuted under § 95-15 hereof with regard to any building of which inspection has been requested unless he fails to comply with the order of the Village Board made pursuant to Subsection A hereof.