(A) Preliminary investigation. Whenever it appears to the Code Enforcement Official that any non- residential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards established by this chapter, he or she shall undertake a preliminary investigation.
(B) Complaint and hearing. If the preliminary investigation discloses evidence of a violation of the minimum standards established by this chapter, the Code Enforcement Official shall issue a complaint and cause it to be served upon the owner of and parties in interest in such non-residential building or structure. The complaint shall state the charges and contain a notice that a hearing will be held before the Code Enforcement Official at a place therein fixed, not less than ten days or more than 30 days after the serving of such complaint. The owner or any party in interest shall have the right to correct the violation or to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in the hearing before the Code Enforcement Official.
(C) Procedure after hearing; issuance of order.
(1) If, after notice and hearing provided for in division (B) above, the Code Enforcement Official determines that the non-residential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards established in this chapter, the Code Enforcement Official shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner an order.
(2) If the Code Enforcement Official determines that the cost of repair, alteration or improvement of the non-residential building or structure would not exceed 50% of its then current value, then the Code Enforcement Official shall state in writing the findings of fact in support of such determination and issue an order that requires the owner, within a reasonable time specified in the order, to either:
(a) Repair, alter or improve the non-residential building or structure in order to bring it into compliance with the minimum standards established in this chapter; or
(b) Vacate and close the non-residential building or structure for any use.
(3) If the Code Enforcement Official determines that the cost of repair, alteration or improvement of the non-residential building or structure would exceed 50% of its then current value, then the Code Enforcement Official shall state in writing the findings of fact in support of such determination and issue an order that requires the owner, within a reasonable time specified in the order, to either:
(a) Remove or demolish the non-residential building or structure; or
(b) Repair, alter or improve the non-residential building or structure to bring it into compliance with the minimum standards established in this chapter.
(D) Limitations on orders.
(1) Notwithstanding any other provision of law, if the non-residential building or structure is designated as a local historic landmark, listed in the National Register of Historic Places or located in a locally designated historic district or in a historic district listed in the National Register of Historic Places and the Town Board determines, after a public hearing as provided by ordinance, that the non- residential building or structure is of individual significance or contributes to maintaining the character of the district, and the non-residential building or structure has not been condemned as unsafe, the order may require that the non-residential building or structure be vacated and closed until it is brought into compliance with the minimum standards established in this chapter.
(2) An order may not require repairs, alterations or improvements to be made to vacant manufacturing facilities or vacant industrial warehouse facilities to preserve the original use. The order may require such building or structure to be vacated and closed, but repairs may be required only when necessary to maintain structural integrity or to abate a health or safety hazard that cannot be remedied by ordering the building or structure closed for any use.
(E) Action by Board upon failure to comply with order.
(1) If the owner fails to comply with an order to repair, alter or improve or to vacate and close the non-residential building or structure, the Town Board may adopt an ordinance ordering the Code Enforcement Official to cause such building or structure to be repaired, altered or improved in order to bring it into compliance with the minimum standards established by this chapter or to be vacated and closed for any use. The property or properties shall be described in the ordinance. The ordinance shall be recorded in the office of the Register of Deeds and shall be indexed in the name of the property owner or owners in the grantor index. Following adoption of an ordinance, the Code Enforcement Official may cause the building or structure to be repaired, altered or improved or to be vacated and closed. The Code Enforcement Official may cause to be posted on the main entrance of any non-residential building or structure so closed a placard with the following words: “This building is unfit for any use; the use or occupation of this building for any purpose is prohibited and unlawful.” Any person who occupies or knowingly allows the occupancy of a building or structure so posted shall be guilty of a Class 3 misdemeanor.
(2) If the owner fails to comply with an order to remove or demolish the non-residential building or structure, the Town Board may adopt an ordinance ordering the Code Enforcement Official to cause such building or structure to be removed or demolished. No ordinance shall be adopted to require removal or demolition of a non-residential building or structure until the owner has first been given a reasonable opportunity to bring it into conformity with the minimum standards established in this chapter. The property or properties shall be described in the ordinance. The ordinance shall be recorded in the office of the Register of Deeds and shall be indexed in the name of the property owner or owners in the grantor index. Following adoption of an ordinance, the Code Enforcement Official may cause the building or structure to be removed or demolished.
(F) Action by Town board upon abandonment of intent to repair.
(1) (a) If the Town Board has adopted an ordinance or the Code Enforcement Official has issued an order requiring the building or structure to be repaired or vacated and closed and the building or structure has been vacated and closed for a period of two years pursuant to the ordinance or order, the Town Board may make findings that the owner has abandoned the intent and purpose to repair, alter or improve the building or structure and that the continuation of the building or structure in its vacated and closed status would be inimical to the health, safety and welfare of the town in that it would continue to deteriorate, would create a fire or safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, or would cause or contribute to blight and the deterioration of property values in the area. Upon such findings, the Town Board may, after the expiration of the two-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:
1. If the cost to repair the non-residential building or structure to bring it into compliance with the minimum standards is less than or equal to 50% of its then current value, the ordinance shall require that the owner either repair or demolish and remove the building or structure within 90 days; or
2. If the cost to repair the non-residential building or structure to bring it into compliance with the minimum standards exceeds 50% of its then current value, the ordinance shall require the owner to demolish and remove the building or structure within 90 days.
(b) In the case of vacant manufacturing facilities or vacant industrial warehouse facilities, the building or structure must have been vacated and closed pursuant to an order or ordinance for a period of five years before the Town Board may take action under this division (F). The ordinance shall be recorded in the office of the Register of Deeds in the county wherein the property or properties are located and shall be indexed in the name of the property owner in the grantor index.
(2) If the owner fails to comply with the ordinance, the Code Enforcement Official shall cause the building or structure to be removed or demolished.
(Ord. 4274, passed 9-28-2009)