(A) The following standards shall be followed by the Building Official, or his or her authorized representatives (and by the Building Code Committee if an appeal is taken), in ordering the repair, vacation, or demolition of any dangerous building or structure:
(1) Any building declared a dangerous building under this subchapter either shall be repaired in accordance with the current Building Code or shall be demolished at the option of the building owner.
(2) If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property, or safety of the public or its occupants, it shall be ordered to be vacated.
(B) (1) Every order and notice to vacate shall recite the emergency and specify the conditions which necessitate vacating, and the notice shall contain the following:
DO NOT ENTER UNSAFE TO OCCUPY. It is unlawful to occupy this building or to remove or deface this notice. ______________________________________ Building Official. |
(2) No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish, or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal have been completed, and a certificate of occupancy issued pursuant to the provisions of the Building Code.
(C) Upon receipt of an application from the person required to conform to the order and an agreement by such person that said person will comply with the order if allowed additional time, the Building Official may, in his or her discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation, or demolition, if the Building Official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Building Official’s authority to extend time is limited to physical repair, rehabilitation, or demolition of the premises and will not in any way affect the time to appeal the Building Official’s notice and order.
(D) Whenever the required repair or demolition is not commenced within 30 days after any order issued under this chapter becomes effective, or if applicable any extension of time:
(1) (a) The Building Official shall cause the building or structure described in such order to be vacated by posting at each entrance thereto a notice reading:
DANGEROUS BUILDING DO NOT OCCUPY. It is unlawful to occupy this building, or to remove or deface this notice. ______________________________________ Building Official. |
(b) No person shall occupy any building which has been posted as specified in this section. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Building Official have been completed, and a certificate of occupancy issued pursuant to the provisions of the Building Code.
(2) The Building Official may, in addition to any other remedy, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order; or, if the notice and order required demolition, to cause the building to be demolished and the materials, rubble, and debris therefrom, removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this subchapter. Any surplus realized from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto.
(3) When any work of repair or demolition is to be done pursuant to this provision, the work shall be accomplished by city personnel or by private contract under the direction of the Building Official, or his or her authorized representatives. Plans and specifications therefor may be prepared by the Building Official, or the Building Official may employ such architectural and engineering assistance on a contract basis as deemed reasonably necessary. If any part of the work is to be accomplished by private contract, standard public works contractual procedures shall be followed.
(4) The cost of such work shall be made a special assessment against the property involved. The Building Official, or his or her authorized representatives, shall keep an itemized account of the expense incurred in the repair or demolition of any building done pursuant to the provisions of this subchapter. Upon completion of the work of repair or demolition, the Building Official, or his or her authorized representatives, shall prepare and certify the actual cost to the City Clerk who, in turn, shall certify such cost to the County Treasurer, and it shall then constitute a lien against said property and be collected in the same manner as general property taxes on said property.
(Prior Code, § 6-13-14)