Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated.
A. The term "building" means includes any structure or part of a structure.
B. The terms "hazardous building" or "hazardous property" mean any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard or a hazard to public safety or health.
C. The terms "owner", "owner of record" and "lien holder of record" means a person having a right or interest in property described in this section and evidence of which is filed and recorded in the office of the County Recorder or Registrar of Titles in the county in which the property is situated.
Subd. 2. Abatement. All hazardous buildings or hazardous property are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal, in accordance with the procedure specified herein.
Subd. 3. Notice to Owner. The Building Official shall examine or cause to be examined every building or property reported as hazardous and, if such is found to be a hazardous building or property, the Building Official shall give to the owner of the building or property written notice stating the defects and specifying the necessary repairs, if any, and provide a reasonable time for compliance. If necessary, the notice also shall require the building or property, or portion thereof, to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected and approved by the Building Official. Proper service of the notice shall be by personal service upon the owner, owner of record, and all lien holders of record, if he or she shall be found within the city. If he or she is not found therein the service may be made upon the owner by registered mail or certified mail at his or her last know address as shown upon the records of the Redwood County Treasurer; provided that, if the notice is by registered mail or certified mail, the designated period within which said owner or person in charge is required to comply with the order of the Building Official shall begin as of the date of delivery shown upon the return receipt. If the owner cannot be found, the order shall be served upon the owner by posting it at the main entrance to the building or, if there is no building, in a conspicuous place on the property, and by four weeks' publication in the official newspaper.
Subd. 4. Posting of Signs. The Building Official shall cause to be posted at each entrance to the building a notice to read: “DO NOT ENTER, UNSAFE TO OCCUPY. Building Inspection Division, City of Redwood Falls”. The notice shall remain posted until the required repairs, demolition or removal are completed. The notice shall not be removed without written permission of the Building Official and no person shall enter the building, except for the purpose of making the required repairs or of demolishing the building.
Subd. 5. Filing. A copy of the order with proof of service shall be filed with the Court Administrator of District Court of the county in which the hazardous building or property is located not less than five days prior to the filing of a motion pursuant to the enforcement of the order. At the time of filing such an order, the city shall file for record with the County Recorder or Registrar of Titles a notice of the pendency of the proceeding, describing with reasonable certainty the lands affected and the nature of the order. If the proceeding be abandoned, the city shall within ten days thereafter file with the County Recorder a notice to that effect.
Subd. 6. Answer. Within 20 days from the date of service, any person upon whom the order is served may serve an answer in the manner provided for the service of an answer in a civil action, specifically denying such facts in the order as are in dispute.
Subd. 7. Default Cases. If no answer is served, the city may move the court for the enforcement of the order. If such a motion is made, the court may upon presentation of the evidence as it may require, affirm or modify the order and enter judgment accordingly, fixing a time after which the city may proceed with the enforcement of the order. The Court Administrator shall cause a copy of the judgment to be mailed forthwith to persons upon whom the original order was served.
Subd. 8. Contested Cases. If an answer is filed and served, further proceedings in the action shall be governed by the Rules of Civil Procedure for the District Courts.
Subd. 9. Costs.
A. A statement of the costs of the work shall be transmitted to the Council. These costs shall be paid out of the Treasury. The costs shall be charged to the owner of the premises, as shown by the records in the office of the County Auditor or the taxpayer of record as shown by the records in the office of the County Treasurer.
B. In the event that the owner or taxpayer does not pay the costs, the city shall collect same together with reasonable attorney's fees and collection costs by suing the owner in a court of competent jurisdiction, or in the alternative, assess the costs as a special assessment on the land on which the building or structure is located.
Subd. 10. Unlawful Act. It is unlawful for the owner of any property to suffer or permit a hazardous building or property as defined herein to remain thereon.
(Am. Ord. 27, Fourth Series, passed 10-2-2012)