(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DILAPIDATED BUILDING. Means:
(a) A structure which through neglect or injury lacks necessary repairs or otherwise is in a state of decay or partial ruin to such an extent that the structure is a hazard to the health, safety or welfare of the general public;
(b) A structure which is determined by the municipal governing body or administrative officer of the municipal governing body to be an unsecured building, as defined by § 91.13 of this chapter, more than three times within any 12-month period;
(c) A structure which has been boarded and secured, as defined by § 91.13 of this chapter, for more than 18 consecutive months; or
(d) A structure declared by the municipal governing body to constitute a public nuisance.
OWNER. The owner of record as shown by the most current tax rolls of the County Treasurer.
(B) Notices. At least ten days’ notice that a building is to be torn down or removed shall be given to the owner of the property before the City Council holds a hearing. A copy of the notice shall be posted on the property to be affected. In addition, a copy of the notice shall be sent by certified mail to the property owner at the address shown by the current year’s tax rolls in the office of the County Treasurer. Written notice shall also be mailed to any mortgage holder as shown by the records in the office of the County Clerk to the last known address of the mortgagee. However, if neither the property owner nor mortgage holder can be located, notice may be given by posting a copy of the notice on the property.
(C) Hearing. The City Council shall determine if the building is dilapidated and has become detrimental to the health, safety or welfare of the general public, and the community, or if the property creates a fire hazard which is dangerous to other property. The Council may, alternatively, give the owner of the property a reasonable time to correct the defects noted by the city before the property is found to be dilapidated.
(D) Abatement by city; notice of lien. Pursuant to a finding that the condition of the property constitutes a detriment or a hazard and that the property would be benefitted by the removal of such conditions, the Council may direct that the dilapidated building be torn down and removed or boarded and secured. The City Manager shall fix reasonable dates for the commencement and completion of the work. The City Clerk shall immediately file a notice of dilapidation and lien with the County Clerk describing the property, the findings of the city at the hearing, and stating that the city claims a lien on the property for the destruction and removal costs and that such costs are the personal obligation of the property owner from and after the date of filing of the notice. The agents of the city are granted the right of entry on the property for the performance of the necessary duties as a governmental function of the city if the work is not performed by the property owner within dates fixed by the city. Any action to challenge the order of the administrative officer shall be filed within 30 business days from the date of the order.
(E) Notice and determination of costs. The owner of the property may consent to the removal of the structure in writing for a flat fee of $500 paid to the city as stated in § 91.31 of this chapter. If this fee is not paid directly to the City Clerk’s office by the time the structure is removed, then a lien will be filed against the property for the amount of the fee. If the owner does not give his or her written consent to removal, the city shall determine the actual cost of the dismantling and removal of dilapidated buildings and any other expenses that may be necessary in conjunction with the dismantling and removal of the buildings, including the cost of notice and mailing. The City Clerk shall forward a statement of the actual cost attributable to the dismantling and removal of the buildings and a demand for payment of such costs, by mail, to the property owner. In addition, a copy of the statement shall be mailed to any mortgage holder. At the time of mailing of the statement of costs to any property owner or mortgage holder, the city shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee. If the city dismantles or removes any dilapidated buildings, the cost to the property owner shall not exceed the actual cost of the labor, maintenance, and equipment required for the dismantling and removal of the dilapidated buildings. If dismantling and removal of the dilapidated buildings is done on a private contract basis, the contract shall be awarded to the lowest and best bidder.
(F) Payment of costs; failure to pay.
(1) When payment is made to the city for costs incurred, the City Clerk shall file a release of lien, but if payment attributable to the actual cost of the dismantling and removal of the buildings is not made within six months from the date of the mailing of the statement to the owner of such property, the City Clerk shall forward a certified statement of the amount of the cost to the County Treasurer of the county in which the property is located. Once certified to the County Treasurer, payment may only be made to the County Treasurer except as otherwise provided for in this section. The costs shall be levied on the property and collected by the County Treasurer as are other taxes authorized by law. Until finally paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date of the notice of dilapidation and lien is filed with the County Clerk.
(2) In addition, the cost and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the County Clerk. The lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property. The lien shall continue until the cost is fully paid.
(3) At the time of collection, the County Treasurer shall collect a fee of $5 for each parcel of property. The fee shall be deposited to the credit of the General Fund of the county. If the County Treasurer and the city agree that the County Treasurer is unable to collect the assessment, the city may pursue a civil remedy for collection of the amount owing and interest thereon, including an action in personam against the property owner and an action in rem to foreclose its lien against the property. A mineral interest, if severed from the surface interest and not owned by the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section. Upon receiving payment, the City Clerk shall forward to the County Treasurer a notice of such payment and shall direct discharge of the lien.
(G) Appeals.
(1) The property owner shall have the right of appeal to the City Council from any order of the city inspector.
(2) Such appeal shall be taken by filing written notice of appeal with the City Clerk within ten days after the administrative order is rendered.
(H) Summary abatement. Nothing in this section shall prevent the city from abating a dilapidated building as a nuisance or otherwise exercising its police power to protect the health, safety or welfare of the general public.
(I) Nonliability of city. The officers, employees or agents of the city shall not be liable for any damages or loss of property due to the removal of dilapidated buildings performed pursuant to the provisions of this section or as otherwise prescribed by law.
(J) Exemptions from provisions. The provisions of this section shall not apply to any property zoned and used for agricultural purposes.
(Prior Code, § 4-4-12) (Ord. 859, passed 3-25-2018)