§ 152A.107 ACTION UPON FAILURE TO COMPLY.
   (A)   If the owner fails to comply with an order to repair, alter, or improve or to vacate and close the nonresidential building or structure, the Board of Commissioners may adopt an ordinance ordering the Codes Enforcement Officer to proceed to effectuate the purpose of this section with respect to the particular property or properties that the Codes Enforcement Officer found to be jeopardizing the health or safety of its occupants or members of the general public. 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 Codes Enforcement Officer may cause the building or structure to be repaired, altered, or improved or to be vacated and closed. The Codes Enforcement Officer may cause to be posted on the main entrance of any nonresidential 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.
   (B)   If the owner fails to comply with an order to remove or demolish the nonresidential building or structure, the Board of Commissioners may adopt an ordinance ordering the Codes Enforcement Officer to proceed to effectuate the purpose of this section with respect to the particular property or properties that the Codes Enforcement Officer found to be jeopardizing the health or safety of its occupants or members of the general public. No ordinance shall be adopted to require demolition of a nonresidential building or structure until the owner has first been given a reasonable opportunity to bring it into conformity with the minimum standards established by this subchapter. 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 Codes Enforcement Officer may cause the building or structure to be removed or demolished.
(Ord. 09-119, passed 5-19-2009)