(a) General. The Code Official may order the owner of premises upon which is located any structure or any part thereof to raze and remove such structure or part thereof for any of the following reasons:
(1) When the Code Official determines that the structure or any part thereof is in an advanced state of disrepair and endangers the health and safety of the public or is otherwise unfit for human habitation, occupancy or use, so that it would be unreasonable to repair the same.
(3) Construction was not in accordance with approved plans or without a building permit or after issuance of a stop work order.
(4) Where there has been a cessation of normal construction of any structure for a period of more than nine months.
(b) Unreasonable Repairs. Whenever the Code Official determines that the cost of such repairs would exceed 100 percent (100%) of the current value of such structure, such repairs shall be presumed unreasonable and it shall be presumed for the purpose of this section that such structure is a public nuisance which may be ordered razed without option on the part of the owner to repair.
(c) Orders. Initial orders shall be in accordance with Section 1331.09
(b). Failure to comply with the orders within the specified time shall allow the Code Official to issue an adjudication order in accordance with Section 1331.09
(f). The Code Official, may, upon good cause shown, allow the owner such additional time as may be necessary to abate the unsafe or nuisance condition.
(d) Demolition by Governmental Action. If, as a result of legal action by the Law Director in accordance with Section 1331.09
(f), the Code Official declares the building or structure in question to be a public nuisance in fact, beyond economic rehabilitation and therefore in the interest of public safety, health and welfare it should be demolished by governmental action, he shall be authorized to take the following steps:
(1) At least thirty days prior to the demolition of the building or structure, the Code Official shall notify all owners and lienholders of record of the property by certified mail, return receipt requested, by publication at least once in a newspaper of general circulation in the City, and by posting a notice in a conspicuous place upon the building, structure or premises, of his intention to demolish the building or structure.
(2) Not less than thirty days after the notification as set forth in subsection (d)(1) hereof, enter upon the premises concerned with sufficient force to take down and remove the subject building or structure.
(3) Demolish such building or structure and certify the costs incurred to the City Treasurer for payment. The demolition shall include all debris removal, backfilling and grading of the premises.
(e) Salvage Materials. When any structure has been razed and removed, Council or any designated officer under contract or arrangement may sell the salvage and materials in the following manner:
(1) Notice of the sale shall be given by published advertisement in a newspaper of general circulation in the City once a week for three consecutive weeks prior to the date of the sale.
(2) All such sales shall be public sales/auctions.
(3) The net proceeds of the sale, after deducting the expenses of razing and removing such structure and advertising and sales expenses, shall be remitted to the owner and lienholders of record in order of priority, subject to any order of the court. A report of the sale, including the items of expense and the amounts deducted shall be remitted with the net surplus. If such a surplus does not remain, the report of the sale shall so state.
(f) Recovering Costs. The Law Director at the request of the Code Official shall institute proceedings to recover the total cost in accordance with the provisions of Section 1331.09(j).
(Ord. 72-1983. Passed 11-22-83.)