Whenever the Building and Neighborhood Services Director or his or her designee has inspected or caused to be inspected any building and found and determined that the building is a dangerous building, the Building and Neighborhood Services Director or his or her designee shall, with the approval of the City Attorney, cause the building to be vacated and secured. The Building and Neighborhood Services Director or his or her designee shall also commence proceedings for the repair or demolition of the building by the issuance of the appropriate notices and orders as provided in this section.
(A) Posting of inspection notice. At the time a complaint is received on a substandard building and a viewing of the property indicates a demolition inspection is warranted, a notice as set forth in division (B) below should be sent to the owner of the property scheduling an inspection. The notice should advise the owner that a notice of inspection will be placed on the structure stating that it is scheduled for inspection to determine if it should be scheduled for demolition. The notice shall also advise the owner that occupancy of the premises is prohibited until the inspection is completed and demolition is not recommended. A notice of inspection should be affixed to the structure near its front door stating it is scheduled for inspection as a result of a complaint and the inspection will determine if demolition will be recommended. Upon the completion of the inspection, the notice of inspection should be removed. If the Inspectors are recommending demolition, a notice as set forth in division (D) below stating that the structure has been inspected and is being recommended for demolition should be affixed to the structure near the front door. If the Inspectors are not recommending demolition, there will be no notice present on the structure. The notices should contain the name of the department, contact person, address and phone number to call to answer any questions raised by the notices.
(B) The Building and Neighborhood Services Director. The Director shall issue a notice and order directed to the owner of the building. The notice and order shall contain:
(1) The street address and a legal description sufficient for identification of the premises upon which the building is located;
(2) A statement that the building was found to be dangerous along with a brief and concise description of the conditions found to render the building dangerous under the provisions of § 150.02 of this chapter, or any other applicable provisions of this code of ordinances;
(3) A statement of the action required to be taken:
(a) If the building or structure is determined to be repairable, the order shall require that all required permits be secured therefor and the work physically commenced within the time (not to exceed 60 days from the date of order) and completed within the time as the Building and Neighborhood Services Director or his or her designee determines is reasonable under the circumstances;
(b) If the Building and Neighborhood Services Director or his or her designee has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of order as determined by the Building and Neighborhood Services Director or his or her designee to be reasonable; and
(c) If the Building and Neighborhood Services Director or his or her designee has determined that the building or structure must be demolished, the order shall require that the building be demolished within the time as the Building and Neighborhood Services Director or his or her designee determines is reasonable provided that the reasonable time for the completion of demolition shall be within 90 days from the date of order.
(4) Statements advising that if any required repair or demolition work is not commenced within the time specified, the Building and Neighborhood Services Director or his or her designee will:
(a) Order the building vacated and posted to prevent further occupancy until the work is completed; and
(b) Report to the Council that proceedings to demolish the building should commence and that demolition of the building should be done and the cost thereof charged against the property or its owner.
(5) Statements advising each owner of record, jointly and individually, that:
(a) The owner may appeal from the notice and order or any action of the Building and Neighborhood Services Director or his or her designee to the Council, provided the appeal is made in writing as provided in this chapter and filed with the Building and Neighborhood Services Director or his or her designee within ten days from the date of service of the notice and order;
(b) Within 15 days after the filing of a request, a hearing will be held before the Committee of the Whole of the Council at which time the owners and/or the owner’s counsel may be present and participate; and
(c) Failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter.
(C) Vacation and demolition. The following standards shall be followed by the Building and Neighborhood Services Director or his or her designee in ordering the vacation or demolition of any dangerous buildings or structures.
(1) Any building declared a dangerous building under this chapter shall either be repaired or shall be demolished at the option of the building owner.
(2) If the building or structure is in a condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered vacated. If the building or structure, after it is vacated and secured, is still an immediate danger to the life, limb, property or safety of the public and an emergency exists, the city may perform any action which may be required to eliminate the immediate danger without prior notice, and assess the costs, pursuant to Iowa Code § 364.12(3)(h).
(3) After a demolition permit has been obtained from the Building and Neighborhood Services Department, the dangerous building shall be removed pursuant to Chapter 113 of this code of ordinances and placed in the county landfill.
(4) If the demolition is not completed within the time determined by the Building and Neighborhood Services Director or his or her designee, the Council shall advertise for bids for the demolition of the building, award a contract for the demolition to the lowest responsible bidder and assess the cost thereof against the property as provided by law. The Council may advertise for bids for the demolition of more than one building and may award a single contract for the demolition of more than one building.
(D) Notice to vacate. Every notice to vacate shall, in addition to being served as provided in division (B) above, be posted at or upon each exit of the building and shall be substantially in the following form:
DANGEROUS BUILDING |
DO NOT ENTER |
UNSAFE TO OCCUPY |
It is a municipal infraction to occupy this building or to remove or deface this notice. |
Building and Neighborhood Services Director City of Clinton, Iowa |
(E) Compliance. Whenever the notice is posted, the Building and Neighborhood Services Director or his or her designee shall include a notification thereof in the notice and order issued by the Director, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove the building under permit. No person shall remove or deface any notice after it is posted until the required repairs, demolition or removal have been completed.
(F) Extensions of time to perform work. Upon receipt of any application in writing from the person required to conform to the order, an agreement by the person that he or she will comply with the order if allowed additional time, the Building and Neighborhood Services Director or his or her designee may, at that person’s discretion, grant an extension of time, not to exceed an additional 90 days, within which to complete the repairs, rehabilitation or demolition, if the Building and Neighborhood Services Director or his or her designee determines that an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Building and Neighborhood Services Director or his or her designee’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the notice and order.
(G) Interference prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or duly authorized representative of this jurisdiction or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this chapter; or with any person to whom the building has been lawfully sold pursuant to the provisions of this chapter, whenever the officer, employee, contractor or duly authorized representative of this jurisdiction, person having an interest or estate in the building or structure, or purchaser is engaged in the work of repairing, vacating or demolishing any building, pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to the work or authorized or directed pursuant to this chapter.
(1999 Code, § 145.06) (Ord. 2366, passed 5-27-2008; Ord. 2560, passed 12-12-2017) Penalty, see §
10.99