(A) Any building or premises damaged by fire, collapse or an act of God to such an extent that the cost of repair and reconstruction exceeds three-quarters of the assessed valuation of the dwelling at the time the damage occurred shall not be repaired or reconstructed unless made to comply in all respects with all codes and ordinances of the city.
(B) Any building or premises damaged by wear and tear, deterioration and depreciation to such an extent that the cost of repair and rehabilitation to place it in a safe, sound and sanitary condition exceeds 100% of the assessed valuation at the time when the repairs or rehabilitation are to be made shall not be so repaired or rehabilitated unless the building or premises is made to comply in all respects with the provisions of all codes and ordinances of the city. A building or premises damaged by wear and tear, deterioration and depreciation to such an extent that the cost of repair and rehabilitation exceed the assessed valuation shall be deemed unfit for occupancy and use unless repaired and rehabilitated pursuant to the provisions of all codes and ordinances of the city, and in case such building or premises is not so repaired and rehabilitated it shall be vacated, demolished and removed.
(C) If the whole or any part of any building or premises is found dangerous or unsafe, the Building Commissioner shall notify the owner or, if the owner cannot be located, his or her agent or the tenant(s), of the unsafe condition and shall specify the time when such defects shall be remedied. If none of these parties can be found within the city, the notice may be posted upon a conspicuous part of the building or premises, or published in a daily newspaper as directed by the Building Commissioner. When necessary, the Building Commissioner may order the vacation of the premises in unsafe condition as well as adjacent premises, and may divert traffic from streets and sidewalks.
(1) The Police Division shall, upon written request of the Building Commissioner or the Fire Chief, summarily enforce such orders of vacation and shall divert traffic where necessary.
(2) Should the owner, his or her agent, tenant or other interested party fail to remedy the unsafe condition, the Building Commissioner shall proceed to make safe the unsafe conditions, and shall report the facts and the costs of doing this work to the Finance Director who shall order the cost paid to the one performing the work, and shall assess the cost against the property in question.
(D) Except where ordered by a court of competent jurisdiction, or where necessary in case of dangerous emergency involving a clear and immediate threat to human life, concurred in by the Law Director, no building or premises shall be torn down or demolished, except upon a finding by the Board of Building and Zoning Appeals, after hearing upon notice to all interested parties, as provided in § 1476.08(C) of this chapter, that the building or premises qualified for demolition under this section.
(Prior Code, § 1493.05) (Ord. 137-1981, passed 7-27-1981)