(A) Findings and order of the Commission. If the Commission, by a majority vote, finds upon evidence presented at the public hearing that the building is in violation of the standards set out in § 160.04, the Commission may order the owner, mortgagee or lienholder to take action as required by this section.
(1) Repair. If the owner, lienholder or mortgagee demonstrates that the building can be feasibly brought into compliance with all applicable codes within the time allowed by this section, it shall be ordered remedied or repaired to comply with such codes. Repair shall be deemed feasible only if less than 50% of the structure must be repaired or replaced to comply with all applicable codes, or if the value of the structure is reduced by less than 50% because of the violations.
(2) Vacate and secure. If the building is in such a condition as to make it hazardous to the health, safety or general welfare of its occupants or the public, it may be ordered vacated and secured, and the order may also require the occupants to be relocated.
(3) Demolish or remove. In any case where the owner, lienholder or mortgagee fails to demonstrate that the building can be feasibly brought into compliance with all applicable codes within the time allowed by this section, the Commission may order that the building be demolished or removed.
(B) Time allowed to complete work.
(1) The order must require the owner, lienholder or mortgagee of the building to within 30 days:
(a) Secure the building from unauthorized entry; and/or
(b) Repair, remove or demolish the building unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days.
(2) If the Commission allows the owner, lienholder or mortgagee more than 30 days to repair, remove or demolish the building, the Commission shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the Commission.
(3) The Commission may not allow the owner, lienholder or mortgagee more than 90 days to repair, remove or demolish the building or fully perform all work required to comply with the order unless the owner lienholder or mortgagee:
(a) Submits a detailed plan and time schedule for the work at the hearing; and
(b) Establishes at the hearing that the work cannot be reasonably completed within 90 days because of the scope and complexity of the work.
(4) If the Commission allows the owner, lienholder or mortgagee more than 90 days to complete any part of the work required to repair, remove or demolish the building, the Commission shall require the owner, lienholder or mortgagee to regularly submit progress reports to the building official to demonstrate that the owner, lienholder or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder or mortgagee appear before the Commission or the building official to demonstrate compliance with the time schedules.
(C) Contents of order. The order of the Commission must contain at minimum:
(1) An identification (which is not required to be a legal description) of the building and the property on which it is located; and
(2) A description of the violation of minimum standards present in the building; and
(3) A description of the ordered actions, including a statement that the owner may repair, if feasible, or demolish or remove at his option; and
(4) A statement that the city will vacate, secure, remove or demolish the building or relocate the occupants of the building if the ordered action is not taken within the time allowed, and charge the cost to the property; and
(5) If the Commission has determined that the building will endanger persons or property and that the building is a dwelling with ten or fewer dwelling units, a statement that the city may repair the building and charge the costs to the property if the ordered action is not taken within the time allowed.
(Ord. 2011-07, passed 4-12-11; Am. Ord. 2017-10, passed 5-23-17)