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REPAIR AND DEMOLITION
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 chapter, or with any person to whom such building has been lawfully sold pursuant to the provisions of this chapter, whenever such person is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter. Any person violating this section shall be guilty of a misdemeanor.
(Ord. 1226, passed 8-5-98)
When any work of repair or demolition is to be undertaken by the city pursuant to this chapter, the Enforcement Official shall issue an order for such repair or demolition to the Public Works Superintendent and the work shall be accomplished by personnel of the city or by private contractor under the direction of the Public Works Superintendent or designee. Plans and specifications may be prepared by the Public Works Superintendent or designee, or the Public Works Superintendent may employ such architectural and engineering assistance on a contract basis as deemed reasonably necessary. If any part of the work is to be accomplished by private contract, the Public Works Superintendent shall follow standard public works contractual procedures.
(Ord. 1226, passed 8-5-98)
The Public Works Superintendent shall keep an itemized account of the expenses incurred, including administrative costs, for the repair or demolition work. The Public Works Superintendent shall mail a copy of the accounting to the persons who have interest in the property, together with a notice of the time and place that the statement will be submitted to the City Council for confirmation and approval, and at which time the City Council will consider any objection which may be raised by any party involved in the proceeding.
(Ord. 1226, passed 8-5-98)
(A) At the time fixed for the hearing of the statement of expense, the City Council shall consider the statement together with any objections or protests which may be raised by any of the property owners or interested party liable to be assessed for the doing of the work, after which, by resolution, the report as submitted, or as ordered, revised, corrected or modified by the City Council, shall be confirmed and adopted. If the statement is not paid within five days after the passing of the resolution, it shall constitute a lien on the real property from which the structure was repaired or removed, and shall be collected as a special assessment against the real property. The resolution shall further direct that the City Clerk shall file with the County Auditor and the County Tax Assessor and Tax Collector certified copies of the resolution and the statement adopted in the resolution. The City Clerk shall direct the auditor to enter the amounts of the charges against the real property described in the statement and resolution as it appears on the current assessment roll. The amount of the charges shall constitute a lien against the real property against which the charges have been imposed. The tax collector shall include the amount of the charges on bills for taxes levied against the real property. Thereafter, the amount of the charges shall be collected at the same time and in the same manner and by the same person as, together with and not separately from, the general taxes for the city and shall be subject to the same penalties and interest upon delinquent payment.
(B) In the event that the Enforcement Official has caused summary abatement as set forth in §§ 95B.108 et seq., additional methods of insuring payment of costs incurred by the city are hereby set forth:
(1) If the building is vacant or unoccupied, the Enforcement Official is authorized to order all utility companies to discontinue utility service and not restore service until authorized by the Enforcement Official. Notice to the utility companies may be given verbally and the disconnect order shall be confirmed in written form;
(2) Administrative costs may be recovered as set forth in § 95B.127; or
(3) Administrative costs may be recovered by increasing the fee charged for the permit to repair or demolish the structure.
(Ord. 1226, passed 8-5-98)
(A) Nothing in this chapter shall be deemed to prevent the city from commencing a civil action to abate a nuisance in addition to, alternatively to, or in conjunction with, the proceedings set forth in this chapter, nor shall anything in this chapter be deemed to prevent the city from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with, the proceedings set forth in this chapter.
(B) This chapter is not the exclusive regulation of property maintenance. It shall be supplemental and in addition to the other regulatory codes, statutes, and ordinances heretofore or hereinafter enacted by the city, state, or any other legal entity or agency having jurisdiction.
(Ord. 1226, passed 8-5-98)