(a) General. The building official shall order the owner of any premises upon which is located any structure, which in the building official’s judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two (2) years, to demolish and remove such structure.
(b) Notices and orders of unsafe building. The building official shall prepare and issue a notice of unsafe building directed to the owner(s) and any mortgage holder. The notice shall be served either personally or by certified mail, postage prepaid, return receipt requested, to each person at the address as it appears on the official public records. The failure of any person to receive notice, other than the owner, shall not invalidate any proceedings under this section. The notice shall contain, but not be limited to, the following information:
(1) The street address and legal description of the building, structure, or premises.
(2) A statement indicating the building or structure has been declared unsafe by the building official, and a detailed report documenting the conditions determined to have rendered the building or structure unsafe under the provisions of this Code.
(3) A statement advising that if the required action as determined by the building official is not commenced or completed by the time specified, the building will be ordered vacated and posted to prevent further occupancy until the work is completed and the building official may cause the work to be done and all costs incurred charged against the property or owner of record.
(4) A statement advising that any person or mortgage holder having any legal interest in the property may appeal the notice by the building official to the hearing officer; and that such appeal shall be in writing and shall be filed with the city clerk within thirty (30) days from the date of the notice and that failure to appeal in the time specified will constitute a waiver of all rights to an administrative hearing.
a. If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and the work commenced within sixty (60) days and continued to completion within such time as the building official determines.
b. If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed.
c. If the building or structure is to be demolished, the notice shall require that the premises be vacated within sixty (60) days, that all required permits be secured and that the demolition be completed within such time as determined reasonable by the building official.
(c) Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the building official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the costs of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(Ord. 2015-009, passed 12-17-15)