(A) Compliance.
(1) General. After any order of the Building Official or the Board of Appeals made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order Any person who fails to comply with any such order is guilty of a misdemeanor, with a maximum penalty of 90 days in jail and/or $500 fine plus costs.
(2) Failure to obey order. If, after any order of the Building Official or Board of Appeals made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the city may (i) cause such person to be prosecuted under division (A)(1) of this section or (ii) institute any appropriate action to abate such building as a public nuisance.
(3) Failure to commence work. Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this code becomes effective:
(a) The city shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:
"DANGEROUS BUILDING DO NOT OCCUPY"
It is a misdemeanor to occupy this building or to remove or deface this notice.
Building Official
City of Gladwin
City of Gladwin
(b) No person shall occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the Building Official have been completed and a Certificate of Occupancy issued pursuant to the provisions of the BOCA 2006.
(c) The Building Official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order; or, if the notice and order required demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the premises cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the premises, shall be paid over to the person or persons lawfully entitled thereto.
(B) Extension of time to perform work. Upon receipt of an application from the person required to conform to the order and an agreement by such person that he or she will comply with the order if allowed additional time, the Building Official may, in his or her discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation, or demolition, if the Building Official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Building Official's authority to extend time is limited to the physical repair, rehabilitation, or demolition of the premises and will not in any way affect or extend the time to appeal his or her notice and order.
(C) Interference with repair or demolition work prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code; or with any person to whom such building has been lawfully sold pursuant to the provisions of this code, whenever such officer, employee, contractor or authorized representative of the city, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code.
(Ord. 295, passed 2-4-08) Penalty, see § 155.99