(A) If, after notice and hearing, the City Council determines that the structure under consideration is unfit for human habitation, occupancy or use, it shall state in writing its findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order requiring the owner, within the time specified, to repair, alter or improve the structure to render it fit for human habitation, occupancy or use or, at the option of the owner, to vacate, demolish and remove the structure.
(B) If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the structure, the Mayor or his or her designee may cause the structure to be repaired, altered or improved or to be vacated and closed. The Mayor or his or her designee may cause to be posted on the main entrance of any structure so closed, a placard with the following words: “This building is unfit for human habitation, occupancy or use. The use or occupation of this building for human habitation, occupancy or use is prohibited and unlawful.”
(C) If the owner fails to comply with an order to remove or demolish the structure, the Mayor or his or her designee may cause such structure to be removed or demolished.
(D) The amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition shall be a lien upon the real property upon which costs were incurred. If the structure is removed or demolished by the Mayor or his or her designee, he or she shall sell the materials of the structure and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in an escrow account by the Mayor or his or her designee and shall be disbursed to the persons found to be entitled thereto after final disposition of all matters pertaining to the property.
(E) When the City Council has condemned as unfit for human habitation, occupancy or use any structure in accordance with this subchapter and has ordered same to be vacated, the Mayor or his or her designee may, upon ten days’ notice to the occupants, move the appropriate District Court for an order of eviction directing the Sheriff to remove the occupants and their belongings from the structure.
(F) Complaints or orders issued by the Mayor or his or her designee pursuant to this subchapter shall be served upon persons either personally or by certified mail; however, if the whereabouts of such.
(Ord. 18, passed 7-14-2003)