§ 2-183. Enforcement procedures.

(a)

For the purposes of this article, a "Code Inspector" is defined to be any agent or employee of the Village whose duty it is to assure Code compliance.

(b)

Code Inspectors shall have the authority to initiate enforcement proceedings as provided below. No Special Master shall have the power to initiate such proceedings.

(c)

For the purposes of this article, "Violators" shall be deemed to be those persons or entities legally responsible for the violation of the ordinances listed in section 2-191 or other ordinances.

(d)

A Code Inspector who finds a violation of those ordinances of this Code listed in section 2-191 (or other ordinances) shall determine a reasonable time period within which the violator must correct the violation. This determination shall be based on considerations of fairness; practicability; ease of correction; ability to correct; severity of violation; nature, extent and probability of danger or damage to the public; and other relevant factors relating to the reasonableness of the time period prescribed.

(e)

A Code Inspector who finds such a violation shall issue a civil violation notice to the Violator. Service shall be effected by delivering the civil violation notice at the Violator's usual place of abode with any person residing therein who is 15 years of age or older and informing that person of its contents. If such service cannot be effected, the civil violation notice may be sent by certified mail, return receipt requested, or by posting of the civil violation notice in a conspicuous place on the premises or real property upon which the violation has been observed and at the Village Hall. The posting of the civil violation notice shall be deemed proper service, and the time for compliance, stated in the notice, shall commence with the date such notice is posted. In the case of commercial premises, the civil violation notice may be left with the manager or other person in charge.

(f)

If a Code Inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the Code Inspector shall make a reasonable effort to notify the violator and may immediately notify the Special Master and request a hearing.

(g)

If the owner of property which is subject to an enforcement proceeding pursuant to this Chapter transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall:

(1)

Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee.

(2)

Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor.

(3)

Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceedings.

(4)

File a notice with the Special Master of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of the transfer.

A failure to make the disclosures described in paragraphs (1), (2), and (3) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held.

(Ord. No. 346, § 1(3(a)—(e)), 3-20-90; Ord. No. 450, § 2, 5-16-00)