(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARDING AND SECURING or BOARDED AND SECURED. The closing, boarding, barring or locking of any or all exterior openings so as to prevent entry into the structure.
UNSECURED BUILDING. Any structure which is not occupied by an owner or by any persons holding a lease with the owner, and into which there are one or more unsecured openings such as broken windows, unlocked windows, broken doors, unlocked doors, holes in exterior walls, holes in the roof, broken basement or cellar hatchways, unlocked basement or cellar hatchways or other similar unsecured openings which would facilitate an unauthorized entry into the structure.
(B) If an unsecured building has been declared dilapidated, as provided in § 91.12 of this chapter, and before the commencement of the tearing and removal of a dilapidated building, the City Manager may authorize that such a building be boarded and secured immediately. Boarding or securing a building that has been declared dilapidated does not waive the city’s right to tear down the building at a later date per the procedures in § 91.12 of this chapter.
(C) The city may cause any unsecured building to be boarded and secured in accordance with the following procedures.
(1) Notices. Before the administrative officer orders such action, at least ten days’ notice that such unsecured building is to be boarded and secured shall be given by mail to any property owners and mortgage holders as provided in § 91.12 of this chapter. If the administrative officer anticipates summary abatement of a nuisance in accordance with the provisions below, the notice shall state:
(a) Any subsequent need for boarding and securing the building within a six-month period after the initial boarding and securing of the building pursuant to such notice may be summarily boarded and secured by the administrative officer;
(b) The costs of such boarding and securing shall be assessed against the owner; and
(c) A lien may be imposed on the property to secure such payment, all without further prior notice to the property owner or mortgage holder.
(2) Consent of owner for city to board and secure. The owner of the property may give written consent to the city authorizing the boarding and securing of such unsecured building and to the payment of any costs incurred thereby. By giving written consent, the owner waives any right the owner has to a hearing by the administrative officer.
(3) Hearing; decision and action. If the property owner does not give written consent to such actions, a hearing may be held by the City Council to determine whether the boarding and securing of such unsecured building would promote and benefit the public health, safety or welfare. Such hearing may be held in conjunction with a hearing on the accumulation of trash or the growth of weeds or grass on the premises of such unsecured building held pursuant to the provisions of § 91.29 of this chapter. In making such determination, the administrative officer shall apply the following standard: the administrative officer may order the boarding and securing of the unsecured building when the boarding and securing thereof would make such building less available for transient occupation, decrease a fire hazard created by such building, or decrease the hazard that such building would constitute an attractive nuisance to children. Upon making the required determination, the administrative officer may order the boarding and securing of the unsecured building.
(4) Notice of lien. After the administrative officer orders the boarding and securing of such unsecured building, the City Clerk shall immediately file a notice of unsecured building and lien with the County Clerk describing the property, stating the findings of the city at the hearing at which such building was determined to be unsecured, and stating that the city claims a lien on the property for the costs of boarding and securing such building and that such costs are the personal obligation of the property owner from and after the date of filing the notice.
(5) Entry powers to board and secure. Pursuant to the order of the administrative officer, the agents of the city are granted the right of entry on the property for the performance of the boarding and securing of such building and for the performance of all necessary duties as a governmental function of the city.
(6) Costs. After an unsecured building has been boarded and secured, the administrative officer shall determine the actual costs of such actions and any other expenses that may be necessary in conjunction therewith, including the cost of the notice and mailing. The City Clerk shall send by certified mail a statement of the actual costs attributable to the boarding and securing of the unsecured building and a demand for payment of such costs at the time of mailing of the statement of costs to any property owner or mortgage holder. If the city boards and secures any unsecured building, the cost to the property owner shall not exceed the actual cost of the labor, materials and equipment required for the performance of such actions. If such actions are done on a private contract basis, the contract shall be awarded to the lowest and best bidder.
(7) Payment of costs; failure to pay.
(a) 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 costs of the boarding and securing of the unsecured building is not made within 30 days 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 costs 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. At the time of collection, the County Treasurer shall collect a fee of $5 for each parcel of property, and such fee shall be deposited to the General Fund of the county. The costs shall be levied on the property and collected by the County Treasurer as are other taxes authorized by law. Until fully paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date the notice of unsecured building and lien is filed with the County Clerk.
(b) In addition, the costs 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 costs and interest are fully paid.
(c) 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 by 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 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.
(8) Appeals. The property owner or mortgage holder shall have a right of appeal to the City Council from any order of the city inspector. Such appeal shall be taken by filing written notice of appeal with the City Clerk within ten days after the administrative order is rendered.
(9) Summary boarding and securing. If the city causes a structure within the city limits to be boarded and secured, any subsequent need for boarding and securing within a six-month period constitutes a public nuisance and may be summarily boarded and secured without further prior notice to the property owner or mortgage holder. At the time of each such summary boarding and securing, the city shall notify the property owner and mortgage holder of the boarding and securing and the costs thereof by certified mail.
(D) The City Council may determine that a building is unsecured and order that such building be boarded and secured in the manner provided for in this section even though such building has not been declared by the City Council to be dilapidated.
(E) The provisions of this section shall not apply to any property zoned and used for agricultural purposes.
(Prior Code, § 4-4-13) (Ord. 859, passed 3-25-2018)