Upon a determination by the code enforcement agency that a structure, dwelling, or building is unsafe, unsanitary, dangerous or detrimental to the public safety or welfare, the City may take corrective action by causing it to be vacated, closed, removed, or demolished, either directly or through a third-party agent, in the absence of owner agreement or a court order, provided the following conditions are met:
(a) The code enforcement agency undertakes reasonable efforts to locate and seek agreement from the owner prior to taking the corrective action.
(b) The corrective action may only be taken as to a structure, dwelling, or building that is either:
(2) Defined in Section 1135.02 (d)(6), (7), (9), or (11): provided, that the structure, dwelling, or building is vacant, abandoned, or has been lawfully declared unfit for human habitation; and the reasonable estimated cost of repair, rehabilitation, or corrective action exceeds the reasonable estimate of the fair market value of the structure, dwelling, or building.
(c) Prior to undertaking the corrective action, the City will complete the following procedural requirements:
(1) The Code enforcement agency shall produce a written notice containing:
A. A description of the property and the structure, dwelling, or building sufficient for identification;
B. The date of the last inspection;
C. The name of the inspector;
D. A reasonable description of the unsafe, unsanitary, dangerous, or detrimental condition(s);
E. A reasonable description of the corrective measures required;
F. The allotted time to correct the substandard condition(s); and
G. A statement that the owner has the right to apply to the circuit court for a temporary injunction or other similar relief restraining action by the enforcement agency.
(2) The notice shall be served on the owner or landowner by conspicuously posting and attaching a copy of the notice to the subject property or structure, dwelling, or building, and by serving the notice on the owner or landowner in the same manner as service of a complaint as set forth in Section 1135.09(b).
(3) If the code enforcement agency cannot effect personal service on the owner, a code enforcement agency official shall subscribe a written affidavit, to be maintained by the code enforcement agency for a minimum of two years, that demonstrates the structure, dwelling or building falls within one of the categories set forth in Section 1135.05 (b)(1) or (2), sets forth the basis in reasonable detail including documentation of same, and memorializes the code enforcement agency official's efforts to contact or get permission for entry and corrective action from the owner; and the code enforcement agency shall publish notice of its intent to enter the property or structure, dwelling, or building for the purpose of demolition or correction, along with the address of the property, the name of the owner's and the date of the proposed action, as a Class II legal advertisement, the first of which shall run at least thirty days before the date of the proposed action by the enforcement agency, and the last being no later than twenty days before the date of the proposed action by the enforcement agency.
(4) If there is no response to the notice by the owner or landowner in the time specified in the notice, then the municipality shall have the authority to proceed with correction or demolition of the subject structure, dwelling, or building. (Ord. 771. Passed 4-2-18.)