(A) Whenever the Building Inspector, the Fire Official, the Health Official, or the City Council shall be of the opinion that any building, mobile home, or structure in the municipality is an unsafe building, he or she shall file a written statement to this effect with the City Clerk. The City Clerk shall thereupon cause the property to be posted accordingly, and shall file a copy of the determination in the office of the County Register of Deeds, and shall serve written notice upon the owner thereof, and upon the occupant thereof, if any, by certified mail or by personal service. The notice shall state that the building has been declared to be in an unsafe condition, and that the condition(s) must be remedied within 60 days from the date of receipt.
(B) Consideration shall include, but not be limited to, the following standards in determining whether an unsafe building or public nuisance shall be repaired, altered, rehabilitated, demolished or removed per the inspection and recommendation of the Building Inspector:
(1) If the building, mobile home, or other structure or any part thereof can reasonably be repaired, altered, or rehabilitated so that it will no longer exist in violation of the city code or Building Code, as amended and adopted, it shall be ordered repaired, altered, or rehabilitated.
(2) If the building, mobile home, or the structure or any part thereof is in such condition that it cannot reasonably be repaired so that it will no longer exist in violation of the city code or Building Code, as amended and adopted, it shall be ordered demolished or removed.
(3) In any case where a building, mobile home, or other structure or any part thereof is 50% damaged, decayed or deteriorated from its original value or structure, it shall be demolished and removed.
(4) In any case where a building, mobile home, or other structure or any part thereof is a fire hazard existing in violation of the city code or Building Code as amended or adopted, or the state statutes, including but not limited to the Life Safety Code, it shall be demolished or removed.
(C) The 60 day notice may be in the following terms:
To (owner-occupant of premises) of the premise known and described
as .
You are hereby notified that (describe building) on the premises above mentioned has been determined to be an unsafe building and a nuisance after inspection by . The causes for this decision are (here insert the facts as to the dangerous condition).
You must remedy this condition or demolish the building within 60 days from the date of receipt of this notice or the municipality will proceed to do so. Appeal of this determination may be made to the Building and Housing Code Advisory and Appeals Board, by filing with the City Clerk within ten days from the date of receipt of this notice a request for a hearing.
(D) If the person receiving the notice has not complied therewith within 60 days from the date of receipt of the notice or taken an appeal from the determination of the officer or employee finding that a dangerous building exists within ten days from the time when this notice is served upon the person by personal service or certified mail, the Building Inspector may, after the 60 day time period has expired, upon orders of the City Council, proceed to remedy the condition or demolish the unsafe building.
(Prior Code, § 9-803) (Ord. 97-2382, passed 7-7-1997; Ord. 2009-2823, passed 4-6-2009; Ord. 2016-2928, passed 5-16-2016; Ord. 2020-2996, passed 2-17-2020)