(A) The City Council may by separate ordinance create a Building Commission for the city, and may, by resolution, appoint a chairperson and members thereof. In the event the city chooses not to create a Building Commission, then the City Council may, pursuant to this chapter, act as the Building Commission under this chapter, as follows.
(B) (1) Notice of public hearing. Notice of the hearing may be issued by the Fire Marshal or Building Official as set forth in § 152.04(D) above. If mailed, notice shall be deemed received by the addressee 5 days after placement of the notice in the U.S. mail, in a properly addressed, postpaid envelope. Certified mail which is returned to the city “refused” or “unclaimed” shall be deemed received by the addressee. Notice shall be mailed, or delivered, to the owner(s), lienholder(s), or mortgagee(s) not less than 21 days prior to the date and time of the public hearing. The city may also publish the notice in a newspaper of general circulation within the city, in addition to written notice. Newspaper notice shall be published not less than 10 days prior to the public hearing.
(2) Public hearing. Testimony from the City Building Official, the City Fire Marshal, and other fact witnesses may be presented regarding the condition of the building. The owner, lienholder, or mortgagee, or other fact witnesses may testify as to the condition of the building, the scope of any work that may be required to comply with this chapter, the time it will take to reasonably perform the work, and any other matter deemed relevant by the City Council.
(3) Findings from public hearing. The City Council, acting as in its capacity as the Building Commission, shall make written findings of fact from testimony offered, and shall determine whether or not the building or structure constitutes a dangerous structure or building, or substandard building, pursuant to the terms of this chapter. In the event the City Council finds that the structure is in violation of this chapter, and does therefore constitute a nuisance, the City Council may order that the building be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time as set forth below. The city also may order the occupants be relocated within a reasonable time. If the owner does not take action within the allotted time, the city may vacate, secure, remove, or demolish the building or relocate the occupants at the expense of the owner.
(4) Ordered action; notice. After the public hearing, if a building is found in violation of standards set out in this chapter, the city may order that the building be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time as provided by this section. The city also may order that the occupants be relocated within a reasonable time. If the owner does not take the ordered action within the allotted time, the city shall make a diligent effort to discover each mortgagee and lienholder having an interest in the building or in the property on which the building is located. The city shall send to each identified mortgagee and lienholder a notice containing:
(a) An identification, which is not required to be a legal description, of the building and the property on which it is located;
(b) A description of the violation of city standards that is present at the building; and
(c) A statement that the city will vacate, secure, remove, or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time.
(5) Alternative procedure. As an alternative to the procedure prescribed in division (B)(4), the city may make a diligent effort to discover each mortgagee and lienholder before conducting the public hearing and may give them a notice of and an opportunity to comment at the hearing. In addition, the city may file notice of the hearing in the official public records of real property in the county in which the property is located. The notice must contain the name and address of the owner of the affected property if that information can be determined, a legal description of the affected property, and a description of the hearing. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire that interest after the filing of the notice, and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires that interest after the filing of the notice. If the city operates under this division, the order issued by the city may specify a reasonable time as provided by this section for the building to be vacated, secured, repaired, removed, or demolished by the owner or for the occupants to be relocated by the owner, and an additional reasonable time as provided by this section for the ordered action to be taken by any of the mortgagees or lienholders in the event the owner fails to comply with the order within the time provided for action by the owner. Under this division, the city is not required to furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the owner fails to timely take the ordered action.
(6) Filing and publication. Within 10 days after the date that the order is issued, the city shall:
(a) File a copy of the order in the office of the Municipal Secretary or Clerk; and
(b) Publish in a newspaper of general circulation in the area in which the building is located a notice containing:
1. The street address or legal description of the property;
2. The date of the hearing;
3. A brief statement indicating the results of the order; and
4. Instructions stating where a complete copy of the order may be obtained.
(7) Mailed notice. After the hearing, the city shall promptly mail by certified mail, return receipt requested, a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. The city shall use its best efforts to determine the identity and address of any owner, lienholder, or mortgagee of the building. If a notice is mailed according to this division and the U.S. postal service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice shall be deemed as delivered.
(8) Correction required. If a building or structure is in violation of the requirements of this chapter, the city shall require the owner, lienholder, or mortgagee of the building to, within 30 days:
(a) Secure the building from unauthorized entry; or
(b) Repair, remove, or demolish the building, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days.
(9) Time extension. If the city allows the owner, lienholder, or mortgagee more than 30 days to repair, remove, or demolish the building, the city shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the hearing official. The hearing official shall be the chair of the Building Commission, or, in the absence of the Building Commission, the Mayor or the Mayor’s designee.
(10) Time limit; exception. The city may not allow the owner, lienholder, or mortgagee more than 90 days to repair, remove, or demolish the building or fully perform all work required to comply with the order, unless the owner, lienholder, or mortgagee:
(a) Submits a detailed plan and time schedule for the work at the hearing; and
(b) Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.
(11) Progress reports; surety. If the city allows the owner, lienholder, or mortgagee more than 90 days to complete any part of the work required to repair, remove, or demolish the building, the city shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the city to demonstrate compliance with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder, or mortgagee appear before the hearing official or the hearing official’s designee to demonstrate compliance with the time schedules. If the owner, lienholder, or mortgagee owns property, including structures or improvements on property, within the municipal boundaries that exceeds $100,000 in total value, the city may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing a building under this division. In lieu of a bond, the city may require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the city. The bond must be posted, or the letter of credit or third party guaranty provided, not later than the thirtieth day after the date the city issues the order.
(12) Burden of proof. In a public hearing to determine whether a building complies with the standards set out in an ordinance adopted under this section, the owner, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work.
(13) Uncorrected condition; remedies. If the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated, within the allotted time, the city may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense. This division does not limit the ability of a city to collect on a bond or other financial guaranty that may be required by division (B)(11) above.
(14) Expenses; lien. If a city incurs expenses under division (B)(13) above, the city may assess the expenses on, and the city has a lien against, unless it is a homestead as protected by the State Constitution, the property on which the building was located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the County Clerk in the county in which the property is located. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the city, and the balance due.
(15) Privileged lien. If the notice is given and the opportunity to relocate the tenants of the building or to repair, remove, or demolish the building is afforded to each mortgagee and lienholder as authorized by divisions (B)(4), (B)(5), or (B)(7) above, the lien is a privileged lien subordinate only to tax liens.
(16) Hearing. A hearing under this section may be held by a civil municipal court.
(17) Effort. A city satisfies the requirements of this section to make a diligent effort, to use its best efforts, or to make a reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee if the city searches the following records:
(a) County real property records of the county in which the building is located;
(b) Appraisal district records of the appraisal district in which the building is located;
(c) Records of the Secretary of State;
(d) Assumed name records of the county in which the building is located;
(e) Tax records of the city; and
(f) Utility records of the city.
(Ord. 505, passed 5-29-2001) Penalty, see § 152.99