(A) City Council action. When it is determined that a building is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, and that it would be unreasonable to repair the same, the City Council may, through motion and vote, determine that the building is a public nuisance and to have the building razed and removed, or if it can be made safe by repairs, to repair and make safe and sanitary.
(B) Demolition order. The order shall specify a time not to exceed 60 days in which the owner shall comply therewith and specify repairs, if any. It shall be served on the owner of record or an agent where and agent is in charge of the building upon the holder of any encumbrance of record in the manner provided for service of a summons by a court of record. If the owner of a holder of an encumbrance of record cannot be found, the order may be served by posting it on the main entrance of the building and by publishing it once each week for three successive weeks in a local newspaper of general circulation.
(C) Restraining actions. Any person affected by an order of demolition may, within ten working days after service of such order, apply to a court of record for an order restraining the city from razing or removing such structure or parts thereof. The court shall determine whether the demolition order is reasonable and, if found reasonable, shall dissolve the restraining order. If the court finds the order unreasonable, the court shall continue the restraining order or modify it as the circumstances may require.
(D) Failure to comply. Whenever the owner of a property fails to comply with a demolition order within the time prescribed, the City Manager shall cause the structure or part thereof to be razed and removed, either through an available public agency or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien against such real estate and be cross-referenced to the deed of such real estate.
(Prior Code, § 9.15.01.07)