(A) The Building Official or his or her designee is authorized to enforce the provisions of this subchapter.
(B) The Building Official or his or her designee are authorized to make such inspections and take such actions as may be required to enforce the provisions of this subchapter.
(C) (1) Whenever necessary to make an inspection to enforce any of the provisions of this subchapter or whenever the Building Official or his or her designee has reasonable cause to believe that there exists in any building or upon unsafe, dangerous, or hazardous conditions, the Building Official or his or her designee, upon presentation of proper credentials to the property owner and/or occupant, may enter such building or premises at all reasonable times to inspect the building or premises or perform any duty imposed upon the Building Official or his or her designee by this code of ordinances. The Building Official or his or her designee may apply for an administrative search warrant to the Iowa District Court for Marshall County, pursuant to I.A.C. § 808.14. No owner or occupant or any other person having charge, care, or control of any building or premises shall fail or neglect, after presentation of a search warrant, to promptly permit entry therein by the Building Official or his or her designee for the purpose of inspection and examination pursuant to this subchapter. Any person violating this section shall be guilty of a municipal infraction.
(2) All buildings, structures, or portions thereof which are determined after inspection by the Building Official or his or her designee to be dangerous as defined in this subchapter are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal.
(D) The Building Official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if such is found to be an unsafe building as defined in this subchapter, the Building Official shall give to the owner of such building or structure written notice stating the defects thereof and ordering the abatement of such defects (“Notice of Dangerous Building and Order to Abate”). This notice may require the owner or person in charge of the building or premises, within a reasonable time as the circumstances require, as determined by the Building Official in his or her discretion, to commence the required repairs or improvements or demolition and removal of the building or structure or portions thereof, and all such work shall be completed within the time provided in the notice. If necessary, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the required repairs and/or improvements are completed, inspected, and approved by the Building Official. Said notice shall also advise the property owner of the right to request a hearing before the Board of Appeals by filing a written request for hearing within ten days of the service of the notice and that failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter.
(E) In an emergency, the city may abate a dangerous building without prior notice and assess the costs as provided in § 151.042 of this subchapter after notice to the property owner and hearing.
(2013 Code, § 7-32) (Ord. 14067, passed 8-24-1981; Ord. 14978, passed 9-10-2018) Penalty, see § 151.999
Statutory reference:
Similar provisions, see I.A.C. §§ 364.12(3)(c) and 384.12(3)(h)