(A) Preliminary investigation. Whenever it appears to the Code Enforcement Official that any nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public are jeopardized for failure of the property to meet the minimum standards established by this subchapter, the Code Enforcement Official 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 subchapter, the Code Enforcement Official shall issue and cause to be served upon the owner of, and parties in interest in the nonresidential building or structure, a complaint. 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 10 days nor more than 30 days after the serving of the complaint; that the owner and parties in interest shall be given the right to answer the complaint and to appear in person or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Code Enforcement Official.
(C) Procedure after hearing.
(1) If, after notice and hearing, the Code Enforcement Official determines that the nonresidential building or structure has been maintained, in that the property meets the minimum standards established by this subchapter, 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 thereof a copy of said determination.
(2) If, after notice and hearing, the Code Enforcement Official determines that the nonresidential 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 subchapter, 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 thereof an order in accordance with the provisions of divisions (C)(3) and (C)(4) of this section and subject to the limitations set forth in §§ 152A.086 and 152A.087.
(3) If the Code Enforcement Official determines that the cost of repair, alteration, or improvement of the 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, not less than 15 and not more than 180 days, without an extension, as specified in the order, to take reasonable precaution in order to protect the safety and well being of the public and to either:
(a) Repair, alter, or improve the nonresidential building or structure in order to bring it into compliance with the minimum standards established by this subchapter; or
(b) Vacate and close the nonresidential building or structure for any use.
(4) If the Code Enforcement Official determines that the cost of repair, alteration, or improvement of the 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, not less than 15 and not more than 180 days, without an extension, as specified in the order, to take reasonable precaution in order to protect the safety and well being of the public and to either:
(a) Remove or demolish the nonresidential building or structure; or
(b) Repair, alter, or improve the nonresidential building or structure to bring it into compliance with the minimum standards established by this subchapter.
(D) Failure to comply with orders and ordinances.
(1) If the owner fails to comply with an order to either repair, alter, or improve the nonresidential building or structure; or vacate and close the nonresidential building or structure, then the Code Enforcement Official shall submit to the Town Council an ordinance ordering the Code Enforcement Official to cause such nonresidential building or structure to be repaired, altered, or improved in order to bring it into compliance with the minimum standards established by this subchapter or to be vacated and closed for any use. The property shall be described in the ordinance. If the Town Council adopts the ordinance, the Code Enforcement Official shall cause the building or structure to be vacated and closed for any use.
(2) If the owner fails to comply with an order to either remove or demolish the nonresidential building or structure; or repair, alter, or improve the non-residential building or structure, then the Code Enforcement Official shall submit to the Town Council an ordinance ordering the Code Enforcement Official to cause such nonresidential building or structure to be removed or demolished. No ordinance shall be adopted to require removal or 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 the Town Council. The property shall be described in the ordinance. If the Town Council adopts the ordinance, the Code Enforcement Official shall cause the building or structure to be removed or demolished.
(Ord. 16-163, passed 5-17-2016) Penalty, see § 152A.097