A. Whenever any building or structure is ruined, damaged and dilapidated, or any premises is covered with rains, rubbish, wreckage or debris, the city commission may by resolution find that the ruined, damaged and dilapidated building, structure or premises is a menace to the public comfort, health, peace or safety and require the removal from the municipality of the building, structure, ruins, rubbish, wreckage or debris.
B. A copy of the resolution shall be served on the owner, occupant or agent in charge of the building, structure or premises. If the owner, as shown by the real estate records of the county clerk, occupant or agent in charge of the building, structure or premises cannot be served within the municipality, a copy of the resolution shall be posted on the building, structure or premises and a copy of the resolution shall be published one time. (Prior code § 14-4-1 (a, b))
Within ten days of the receipt of a copy of the resolution or of the posting and publishing of a copy of the resolution, the owner, occupant or agent in charge of the building, structure or premises shall commence removing the building, structure, ruin, rubbish, wreckage or debris, or file a written objection with the municipal clerk asking for a hearing before the city commission. (Prior code § 14-4-1 (c))
If a written objection is filed as required in this section, the city commission shall:
A. Fix a date for a hearing on its resolution and the objection;
B. Consider all evidence for and against the removal resolution at the hearing; and
C. Determine if its resolution should be enforced or rescinded. (Prior code § 14-4-1 (d))
Any person aggrieved by the determination of the city commission may appeal to the district court by:
A. Giving notice of appeal to the city commission within five days after the determination made by the city commission; and
B. Filing a petition in the district court within twenty days after the determination made by the city commission. The district court shall hear the matter de novo and enter judgment in accordance with its findings. (Prior code § 14-4-1 (e))
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