(A) The Building Official shall condemn any premises upon which is located any structure, which in the Building Official’s judgment, in consultation with professional staff, is so old, dilapidated or has become so out of repair to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, such that it is a threat to the health, safety, and welfare of the occupants of such structure, the public, or adjacent premises or structures.
(B) If it is unreasonable to repair the structure, the Building Official must order the owner to obtain appropriate permits and demolish and remove such structure; or if the structure is capable of being made safe by repairs, the Building Official must order the owner to obtain any required permits to repair and make safe and sanitary or to demolish and remove the structure, at the owner’s option. Where there has been a cessation of normal construction of any structure for a period of more than two years, the Building Official must order the owner to demolish and remove such structure.
(C) Condemnation notice. Whenever the Building Official condemns a structure, a condemnation notice must be posted in a conspicuous place in or about the structure affected by such notice and must be served, in the manner provided by this code for service of a code enforcement citation, on the owner and all other persons responsible for the structure and all occupants and other persons with any interest in the premises, including all mortgagees.
(D) Contents of notice. The condemnation notice must be in writing and include the following:
(1) Description of the real property sufficient for identification.
(2) Brief factual description of the nature of the defect or defects and why the notice is being issued.
(3) An order to vacate and secure the dwelling unit, structure or premises when deemed necessary and appropriate by the Building Official under the existing conditions and circumstances.
(4) Notice to repair or demolish the condemned structure, allowing a reasonable time to make the repairs, corrections and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code and the applicable provisions of all other codes, regulations, and laws.
(5) Notice that if the defects are not corrected pursuant to the order or a hearing is not requested within the time allowed, the city may cause correction of the defects and charge the reasonable costs and expenses incurred by the city for such corrections against the property, to include and not be limited to, a property lien until paid.
(6) Date of issuance.
(7) Name of the Building Official issuing the notice and order.
(8) Instructions and due date for filing an appeal of the notice and correction order.
(9) Notice that the costs of the administrative hearing may be assessed against the appellant if the notice and determination of the Building Official are upheld after the hearing.
(10) Notice that failure to file an appeal within 20 days after service of the order, excluding Saturdays, Sundays, and legal holidays, shall constitute a waiver of the right to an appeal of the determination of the Building Official.
(E) Placarding. In addition to posting and serving the condemnation notice, the Building Official shall cause the posting of a placard of condemnation at each entrance to the condemned structure. The placard shall read substantially as follows or in words of similar effect, to the extent applicable:
“CONDEMNED
This Structure Is Unsafe And Unfit For Human Habitation And Must Be Vacated And Secured By: [DATE].
Occupancy Of This Structure After Such Date Is Unlawful.
The Unlawful Occupation Of This Structure And/Or The Removal, Obstruction, Or Defacement Of This Placard Is Punishable By A Fine Of Up To $500 And/Or 60 Days Imprisonment.”
(F) Means of appeal. Any person directly affected by the condemnation notice and order shall have the right to appeal to the Code Enforcement Board, provided that a written application for appeal is filed within 20 days of the time the order was served. At least ten days before the hearing, the City Clerk shall send a notice of hearing to the person requesting the hearing. An application for appeal shall be based on a claim that this code has been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. Appeal of the Code Enforcement Board decision shall be to the Circuit Court.
(G) Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Building Official shall cause the structure to be demolished and removed, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate until paid.
(Ord. 1409, passed 12-16-10; Am. Ord. 1467, passed 9-6-12; Am. Ord. 1494, passed 9-19-13)