Any dwelling, dwelling unit, accessory structure or rooming unit having
any of the defects found in Subsections A and D may be designated by the Building
Inspector as unfit for human habitation and may be so placarded:
A.
The structure lacks illumination, ventilation, sanitation,
heat or other facilities adequate to protect the health and safety of the
occupants or the public.
B.
The structure is damaged, decayed, dilapidated, unsanitary,
unsafe or vermin infested in such a manner as to create a serious hazard to
the health and safety of the occupants or the public.
C.
The structure, because of the location, general conditions,
state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded
or otherwise detrimental to health and safety that it creates a serious hazard
to the occupants or the public.
D.
The structure, because of the failure of the owner or
occupant to comply with notices or orders issued pursuant to this chapter,
is unfit for human habitation.
Whenever the Building Inspector determines that a dwelling, dwelling unit or rooming unit is unfit for human habitation as provided in § 82-16, he shall include such finding within the notice of violation provided for in § 82-29 of this chapter, and he shall also include a statement of his intent to vacate and placard the dwelling, dwelling unit or rooming unit if compliance with the provisions of the notice of violation has not been secured.
Whenever a notice of violation as provided in § 82-17 of this chapter has not been complied with, or where § 82-38A of this chapter has not been invoked, the Building Inspector may order the dwelling, dwelling unit or rooming unit to be vacated. A copy of such notice to vacate shall be served on the owner, agent, operator and the occupant as provided in § 82-29[1] of this chapter.
[1]
Editor's Note: Former § 82-29, Notice of violation, was
repealed 11-28-1990 by L.L. No. 6-1990.
Any dwelling, dwelling unit or rooming unit designated as unfit for human habitation pursuant to § 82-16 and ordered vacated as provided in § 82-18 shall be vacated within such reasonable time as the Building Inspector may specify in the order. No such dwelling, dwelling unit or rooming unit shall again be used for human habitation nor placard removed until written approval is secured from the Building Inspector.
No person shall deface or remove the placard from any dwelling, dwelling unit or rooming unit which has been designated as unfit for human habitation, except as provided in § 82-19.
The owner, agent or operator of any dwelling, dwelling unit or rooming
unit which has been designated as unfit for human habitation and vacated shall
make such dwelling, dwelling unit or rooming unit safe and secure in whatever
manner the Building Inspector shall deem necessary. Any vacant building open
at the doors and windows, if unguarded, shall be deemed dangerous to human
life and a nuisance within the meaning of this provision.[1]
Whenever the Building Inspector designates a building or accessory building unfit for human habitation as provided in this chapter and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, he shall include within the notice of violation provided for in § 82-29[1] of this chapter a statement of his intent to order the demolition of the structure. A copy of such notice shall be served on the owner, occupant, lessee or mortgagee as provided in § 82-29 of this chapter. The owner may demolish such structure as provided in § 82-33 of this chapter or correct the violation regardless of cost, provided that the requirements of the Building Code[2] in effect at the time of attempted compliance are satisfied.
Whenever a notice of violation as provided in § 82-22 of this chapter has not been complied with, the Building Inspector may order the building demolished. Such order shall be served as provided in § 82-29[1] of this chapter and demolition shall be completed within the time
specified by the Building Inspector.
[1]
Editor's Note: Former § 82-29, Notice of violation, was
repealed 11-28-1990 by L.L. No. 6-1990.
Whenever a notice or order to remove a violation or to secure, vacate or demolish a building has not been complied with, and when such failure to comply is deemed by the Building Inspector to constitute a nuisance, he may proceed to cause the structure to be demolished, repaired, altered, secured or vacated or may take such other action as is necessary to abate the nuisance. Whenever the Building Inspector, determines that such nuisance exists, he shall record sufficient proof to support such determination, and the owner, occupant, lessee or mortgagee shall be notified of such finding pursuant to § 82-29[1] of this chapter. Abatement authorized by this section shall not
commence until at least 10 days after service of such notice.
[1]
Editor's Note: Former § 82-29, Notice of violation, was
repealed 11-28-1990 by L.L. No. 6-1990.
A.
The expenses incurred pursuant to §§ 82-32 and 82-24 of this chapter shall be paid by the owner or occupant of the premises or by the person who caused or maintained such nuisance or other matter. The Building Department shall file among its records an affidavit stating, with fairness and accuracy, the items of expense and the date of execution of actions authorized by §§ 82-32 and 82-24 of this chapter.
B.
The village may institute a suit to recover such expenses
against any person liable for such expenses or may cause such expenses to
be charged against the property as a lien. Except with respect to a lien imposed
for expenses incurred in demolition, nothing herein shall be construed as
placing a lien upon the property which supersedes the lien of any mortgage
on such property executed and recorded prior to the existence of a lien herein
authorized.
