(A) Buildings and premises damaged. Any building or premises damaged by fire, storm, collapse, or an act of nature must be repaired in a manner that complies in all respects with all codes and ordinances of the City of Albemarle. Prior to repair or renovation the building shall be secured to prevent unauthorized entry.
(B) Order. If, after a notice and hearing under the division, the Code Enforcement Officer determines that the building under consideration has been damaged to the extent of the standards herein set forth, he shall state in writing his findings of facts in support of such determination, stating whether said building has been damaged to the extent set forth in this article and shall issue and cause to be served upon the owner thereof an order requiring that:
(1) If the repair, alteration or improvement of said building, bringing it up to the standards described herein, can be made at a cost less than 50% of the present value of the building, the order shall require the owner, within a specified period of time, to repair, alter or improve such building so as to render it fit for occupancy. Such order may also direct and require the owner to vacate and close the building until the repairs, alterations and improvements have been made and/or the unsafe and dangerous character of such building has been corrected.
(2) If the repair, alteration or improvement of said building bringing it up to the standards described herein cannot be made at a cost of less than 50% of the present value of the building, the order shall require the owner, within a specified period of time, to either repair, alter or improve such building so as to bring it into compliance with the standards described herein, or to demolish and remove such building. Any building or premises damaged by fire, storm, collapse, an act of nature, wear and tear, or natural deterioration to such an extent that it constitutes an imminent or immediate threat to the safety and/or health of its occupants or to the safety of the general citizenry shall be removed immediately. Said finding of imminent or immediate threat shall be by the Fire Marshal or by the Code Enforcement Officer and shall be based on the structural integrity of the building or premises.
(C) Nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
(D) Buildings located within the city designated local historic district shall be considered by the City of Albemarle Historic Resources Commission and may be granted exemption from this section by said Board. Buildings of historical value not located within the local historic district may be considered by the Historic Resources Commission at the request of the owner and may be granted exemption from this section by said Board. In granting an exemption the Board must make a finding that the building is in fact a building of historical value to the city, that all imminent threats to life safety will be addressed expeditiously as deemed acceptable by the Code Enforcement Officer, Fire Marshal and other building officials, that the owner will repair the damage on a timely basis, with commencement not to exceed one year, and that the building will be reconstructed and/or repaired in such a way as to keep the historical character of the building. The Historic Resources Commission may attach any reasonable conditions to the approval. Should the work not be completed as approved the Code Enforcement Officer may seek any and all other remedies as provided in this chapter.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)