A. Notice: In general, if any building is deemed hazardous due to the fact that the building is open to trespass and has not been secured and the building could be made safe by securing the building, the code official, as appointed pursuant to subsection 9-2-1C of this title, may order the building secured and shall cause notice of the order to be served upon the owner of the premises. Such notice may be served personally or by mail. Service by mail is complete upon mailing a copy of the order to the owner at the last known address. If the owner fails to comply with the order within six (6) days after the order is served, the code official shall cause the building to be boarded up or otherwise properly secured.
B. Emergency: When it is determined by the city manager or his/her designee that an emergency exists with respect to the health or safety of persons in the community, and immediate boarding and securing of a building is required, and where danger will exist to children, transients or others in the absence of an immediate boarding or securing of the building, the designated city official may waive all requirements herein and immediately board or otherwise secure the building, provided that:
1. The conditions showing the existence of an exigency are documented in writing by the city manager or his/her designee.
2. Notice be mailed immediately by the department invoking this section to the address of the owner and taxpayer, and, if recorded on the assessor's rolls, the address of the mortgage holder, of the date of boarding or otherwise securing and the reasons therefor.
C. Boarding Standards:
1. Boarding of a structure shall be required for all doors and windows that are not secured by normal means; however, at least one door at grade level shall be maintained with locks or hinges to permit entry for inspection purposes under subsection C5 of this section.
2. Boards shall be cut to fit door and window openings, and square head or star drive screws at least three inches (3") in length with washers shall be used to fasten boards to a structure.
3. Boards shall be a minimum of five-eighths inch (5/8") thick and painted to match the trim or siding color of the structure, or be painted forest green.
4. Screening or alternate methods of boarding may be permitted when approved by the city of Moorhead code official.
5. The owner of a structure boarded under this section shall be required, upon notification, to provide entry to the structure to the city of Moorhead code official at least once every six (6) months for inspection purposes, or at any time when the structure has been unlawfully entered.
6. The owner of a boarded structure shall notify the city of Moorhead code official in writing no later than ten (10) days after sale of the structure or the unboarding of the property.
D. Maintenance Of Secured Building: After a vacant or unoccupied building has been boarded or otherwise secured under this section, should the owner fail to maintain the building in a secured condition until such time as it has been repaired and reoccupied, the code official shall resecure any openings into the building whenever it again becomes open to trespass, without further notice to the owner.
An administrative fee as established by the city's fee schedule and all other costs incurred by the city for boarding or otherwise securing a building under this section, including, but not limited to, the actual costs for boarding, inspecting, posting and monitoring the building, shall be charged as a special assessment against the real estate upon which the structure is located and shall be a lien upon such real estate.
"Owner", for the purposes of this section, shall mean the person who is listed as the contact person on the current rental licensing application on file with the city, if any; or, if none, the person listed as owner by the city assessor on the homestead record; or, if none, the taxpayer as shown by the records of the city assessor. "Owner" shall not include a community development agency organized pursuant to the laws of Minnesota, 1980, chapter 595. (Ord. 2014-18, 9-8-2014)