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[HISTORY: Adopted by the Village Board of the Village of Monticello as Sec. 11-3-5 of the 1989 Code of Ordinances. Amendments noted where applicable.]
It is hereby found and declared:
A. 
That there exist in the Village of Monticello (the Village), premises used for residential and nonresidential purposes which are, or may become in the future, substandard with respect to structure, equipment or maintenance;
B. 
That such conditions, including, but not limited to, structural deterioration, lack of maintenance and appearance of the exterior of the premises and appurtenant lawns, infestation and existence of fire hazards, constitute a threat to the health, safety, general welfare and reasonable comfort of the citizens of the Village;
C. 
That by reason of lack of maintenance and because of progressive deterioration, certain properties have the further effect of creating blighting conditions and that if these conditions are not curtailed and removed, they will grow and spread and will necessitate the expenditure of large amounts of public funds to correct and eliminate;
D. 
That as the result of the regulations and restrictions contained in this chapter, the desirability and amenities of residential and nonresidential uses may be enhanced and the public health, safety and general welfare be protected and fostered.
The purpose of this chapter is to protect the public health, safety and general welfare by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential premises; to fix certain responsibilities and duties upon owners and operators and occupants; to authorize and establish procedures for the inspection of residential and nonresidential premises; and to provide for the repair, demolition or vacation of premises unfit for human habitation, occupancy or use.
The following words and terms, wherever used in this chapter, shall be defined as follows unless a different meaning clearly appears from the context.
DETERIORATION
The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
EXPOSED TO PUBLIC VIEW
Any premises or building or part thereof that may be viewed by the public.
EXTERIOR OF THE PREMISES
The open space on the premises and the exterior of any structure thereon.
EXTERMINATION
The control and elimination of insects, rodents, vermin and other pests.
INFESTATION
The presence of insects, rodents, vermin or other pests on the premises that constitute a health hazard.
LAWN
Land covered with cool season grasses maintained at a height not to exceed six inches.[1]
PREMISES
A lot or parcel of land including the buildings and structures thereon and its appurtenant lawn, if any.
PROPERTY OWNER
Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof.
PUBLIC NUISANCE
A public nuisance is a thing, act, condition or use of property which shall continue for such length of time as to:
A. 
Substantially annoy, injure or endanger the comfort, health safety and general welfare of the public; or
B. 
In any way render the public insecure in life or the use of property; or
C. 
Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage, any street, alley or other public way or the use of public property.
WASTE
Waste shall include but not be limited to garbage, litter, refuse, trash, rubbish, junk and debris.
[1]
Editor's Note: The definition of "noxious weeds" in original Sec. 11-3-5(3)(g) of the 1989 Code of Ordinances, defining "noxious weeds," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Every residential, nonresidential or mixed occupancy building and the land on which it is located, used, or intended to be used for residential, commercial, agricultural or industrial occupancy shall comply with the provisions of this chapter whether or not such building or premises shall have been constructed, altered, repaired, installed or planted before or after the effective date of this chapter.
A. 
Maintenance of exterior of premises. The exterior of the premises and all structures thereon shall be kept free of unsanitary conditions and any hazards to the safety of the occupant, invitees, pedestrians and other persons utilizing or coming on the premises. The exterior of every structure on a premise, including fences or enclosures, shall be maintained in good repair, free of broken glass, loose shingles, crumbling stone or brick, excessively peeling paint, loose boards or other conditions indicative of deterioration or inadequate maintenance all to the end that the property itself may be preserved, safety and tire hazards eliminated and adjoining properties protected from blight. Any of the foregoing conditions are found to be public nuisances and shall be promptly removed and abated by the property owner. Such public nuisances include, but are not limited to, the following:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Waste.
(2) 
Dead and dying trees and limbs or other natural growth which by reason of rotting, deteriorating conditions or storm damage constitute a hazard to persons in the vicinity.
(3) 
Sources of infestation.
(4) 
Lack of maintenance to the exterior of the premises such that the appearance of the premises or structures or waste or other property thereon contributes to blight.
B. 
Nuisances prohibited. No person, firm, corporation, company or organization shall permit any public nuisance as defined herein to remain on any premises owned, controlled or occupied by such person, firm, corporation, company or organization within the Village.
C. 
Inspection. The Village Board may cause to be inspected by the Village Building Inspector, Village Board, and/or County Health Department any premises and place within the Village to determine whether any public nuisance as herein exists.
D. 
Abatement of nuisance. If the Village Building Inspector, Village Board, and/or County Health Department shall determine with reasonable certainty that any public nuisance as defined herein exists, such inspection shall be immediately reported to the Village Board which shall, if it determines that such nuisance exists, cause notice to be delivered personally or by certified mail, return receipt requested, on the property owner that the Village Board proposes to order the abatement of the public nuisance.
E. 
Hearing. If the property owner believes that no public nuisance exists, such person may request a hearing before the Village Board. The request for said hearing must be made in writing to the Village Clerk's office within 10 days of the date of delivery of the notice from the Village. When a hearing is requested by the property owner, a hearing by the Village Board shall be held not less than 15 days from the date of the owner's request. At the hearing, the owner may appear in person or by his attorney, may present witnesses and may cross-examine witnesses presented by the Village. At the close of the hearing, the Village Board shall make its decision in writing. If the Village Board determines that a public nuisance does exist, the Village Board shall order the nuisance abated. The order shall specify the time by which the nuisance shall be abated which shall not be less than 48 hours from delivery of said order either personally or by certified mail, return receipt requested.
F. 
Costs. If the owner does not abate the nuisance within 48 hours, the Village may cause the nuisance to be abated and the costs thereof to be assessed to the property owner. All costs associated with abatement of a nuisance including, but not limited to, Building Inspector costs, Village Board costs, and/or County Health Board, Village employee, equipment, private contractor costs shall be assessed to the property owner. If costs are not paid within 60 days of billing date, the total cost plus 10% administration fee shall be filed as a special charge on the property served.
G. 
Penalty. Any person who does not abate a public nuisance under this section within the time specified shall, in addition to all other remedies available to the Village, including payment of the cost of inspection, be subject to a forfeiture per § 1-6 in addition to the costs of prosecution. Each day that a violation exists with failure to abate the nuisance shall constitute a separate offense.
Exterior appearance of all buildings shall reflect a level of maintenance in keeping with the standards of all North Main Street buildings. No building shall have the appearance of progressive deterioration. Fluorescent and bright colors are prohibited on the entire building, including portions of such building that are not abutting North Main Street. Restoring to original condition is encouraged to preserve the historic atmosphere of North Main Street. Owner shall obtain permission from the Village Board for exterior remodeling of any type or change in color, i.e., paint, siding, or signage. No permanent banners shall be used on the exterior of a building; temporary banners shall not be used longer than 60 days for advertising. No permanent interior or exterior window painting shall be allowed. Temporary window painting shall not be used longer than 30 days. Attractive and well maintained properties enhance the Business district and provide a suitable environment for increased monetary values.
Any person who does not comply under § 275-6 within the time specified shall, in addition to all other remedies available to the Village, be subject to forfeiture per § 1-6 in addition to the costs of prosecution. Each day a violation exists shall constitute a separate offense.