§ 164-7. Notice to remedy prohibited conditions and enforcement; public hearing; costs and expenses.
Latest version.
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A.If conditions existing on property violate the provisions of this chapter, the Building Inspector or Code Enforcement Officer shall serve or cause to be served a written notice of such violation upon the owner or owner's agent and upon any known lessee or occupant of said premises.B.Said notice shall contain substantially the following:(1)The name of the owner as set forth on the Tax Assessor's record and any known lessee or occupant of the premises.(2)The address or location of the premises.(3)The identification of the premises as the same appears on the current assessment roll.(4)A statement of the conditions on the property deemed upon inspection to be in violation of this chapter.(5)A demand that the violation of this chapter be cured on or before 10 days after the service or mailing of such notice.(6)A statement that a failure, refusal or neglect to comply with the provisions of this chapter and the notice given pursuant thereto within the time specified may result in a duly authorized officer, agent or employee of the Village entering upon the property and removing or otherwise curing such violation.(7)A statement that the cost and expense of such curing, plus legal fees and an administrative fee equal to 15% of such cost and expense, if not immediately reimbursed to the Village, shall be assessed against the described property and shall constitute a lien thereon to be collected as provided by law for the collection of delinquent taxes.(8)The date, time, and location at which the Village Board of Trustees will conduct a public hearing, if the conditions that gave rise to the issuance of the notice of violation are not corrected, to determine whether to authorize the corrective action specified in Subsection B(6) of this section. The date of such public hearing must be at least 20 days after service or mailing of the notice of violation. Notice of the public hearing shall be published in a paper of general circulation in the Village at least five days prior to the date of the public hearing.(9)A statement that the property owner, his/her agent, lessee or occupant is entitled to be heard at such hearing and present evidence or testimony.C.Any notice required pursuant to this section shall be served as follows:(1)By personal delivery to the person to be served;(2)By delivery to a person of suitable age and discretion at the dwelling place of the person to be served; or(3)By certified mail, return receipt requested, at the last known dwelling place of the person to be served.D.Nothing contained herein shall require notice as a prerequisite to the issuance of a summons or appearance ticket for a violation of any of the provisions of this chapter.E.Within two working days prior to the public hearing, the Building Inspector or Code Enforcement Officer shall conduct a second inspection of the property and prepare a written report of the conditions that gave rise to the issuance of the notice of violation and the extent to which such conditions may have been corrected.F.If the Building Inspector or Code Enforcement Officer deems the violations to be adequately corrected, the public hearing shall be canceled and notice is to be posted to inform the public of same. If the violations remain, the public hearing shall proceed as scheduled with no additional notice required.G.If a public hearing is held, the Village Board of Trustees may determine that corrective action needs to be taken to bring the premises into conformity with the provisions of this chapter.H.Upon a determination by the Village Board of Trustees that corrective action needs to be taken, the Village Board of Trustees is empowered to authorize officers, agents or employees of the Village to enter onto the property to remove any materials stored, deposited, placed or maintained in violation of this chapter and dispose of or otherwise destroy the same, or otherwise repair the property or cure any condition in violation of this chapter.I.Any costs and expenses, plus legal fees and an administrative fee equal to 15% of such costs and expenses, incurred by the Village when acting pursuant to this chapter to bring the property into conformity with the provisions of this chapter are required to be immediately reimbursed to the Village upon written notice requesting same. Failure to reimburse the Village shall result in any costs and expenses being assessed against the property involved and shall constitute a lien thereon to be placed on the property's tax bill and levied upon and collected as provided by law for the collection of delinquent taxes.J.A property owner shall be given notice and an opportunity to be heard prior to any costs and expenses incurred pursuant to this section being placed on the property's tax bill.