A. Damaged Buildings: Any structure or property damaged, in whole or in part, by fire, flood, earthquake or other cause, to the extent the building may not be safely occupied for commercial and/or residential purposes, shall immediately be made safe so that it does not pose a danger to persons or other structures (as determined by the building official).
B. Abatement By Owner: The owner of such damaged structures shall, within one hundred twenty (120) days from the date of the damage, obtain either a building permit to rebuild the structure to current building code standards, or remove the remaining debris or structure, level the building site and landscape the property. If a building permit is issued, the owner shall have an additional thirty (30) days to commence work, and such work shall be completed within one year of permit issuance, unless weather or other conditions beyond the control of the owner warrant a extension of time pursuant to subsection C of this section. If the property owner elects to not obtain a building permit within the one hundred twenty (120) days, then any basement or below grade areas shall be filled, and the entire building site shall be leveled and landscaped within this same one hundred twenty (120) day time period. Such work shall be done without causing damage to the structural integrity of the adjacent building. Filling shall be accomplished in a manner that will allow for future construction on the property, as determined by the building official.
C. Extensions Permitted: The county commission shall have the authority to grant extension of no more than an additional one hundred twenty (120) days each to the time limits established in this section if the properly owner can show:
1. A qualified engineer or architect is preparing the plans and specifications to submit for the building permit; or
2. A crime or insurance investigation has prevented owner performance as required by this chapter; or
3. Weather conditions or other conditions beyond the control of the owner have caused a delay in commencing or completing the required work; or
4. Rebuilding of the building requires permits that take longer time frames to obtain; or
5. Cleanup work requires particular pieces or quantities of equipment that are not readily available locally; or
6. Other factors exist that are deemed reasonable by the county commission.
D. Abatement By County:
1. If the reconstruction or demolition and grading are not completed within the time limits imposed by this chapter, the county commission may cause the building to be demolished, and the property cleaned up, graded and landscaped, after having a hearing on the need and feasibility of doing the same. After hearing and decision of the county commission to proceed with cleanup, demolition or other action, the county commission shall give the property owner thirty (30) calendar days' written notice of the impending demolition and cleanup prior to commencement of the work, unless such time would put the public at unreasonable risk. If the property owner does not commence the required work by the thirty (30) day notice period, the county commission shall file a notice of noncompliance in the county deed records. Said notice shall include:
a. A legal description of the subject property;
b. An estimate of the costs to bring the subject property into compliance with this chapter; and
c. A statement that if the final cost is not paid within thirty (30) days of the date of billing by the county, that such cost shall become a lien on the property.
2. The community development administrator shall have the right to enter into or upon any property or investigate or cause the removal of debris.
3. The county clerk/auditor shall keep an accurate record of the expense incurred by the county in the demolition of the building and property cleanup. Such expenses shall include a ten percent (10%) surcharge of all cost, including contracts, to offset the expense of the administrative overhead.
4. The total amount of the cost of the abatement shall be assessed against the property. If the costs of the abatement are not paid within thirty (30) days from the date the property owner is billed by the county, a lien against the property shall be filed with the office of the county clerk/auditor and may be foreclosed in any manner provided by state law governing lien foreclosure.
5. Interest shall be charged on the outstanding lien, at a rate determined by resolution of the county commission, until it is paid in full.
E. Previously Destroyed Buildings: Owners of buildings destroyed by fire, earthquake, flood or other causes prior to the effective date hereof, shall have one year from the effective date hereof to comply. (1998 Code § 8.16.140)