(A) All buildings or structures which are unsafe, unsanitary, are not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are severally in contemplation of this subchapter unsafe buildings.
(B) All unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the following procedure.
(1) Whenever the Building or Fire Official shall find any building or structure or portion thereof to be unsafe, as defined in this subchapter, he or she shall give the owner, agent or person in control of the building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building or structure or portion thereof.
(2) (a) If necessary, the notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected, and approved by the Building or Fire Official.
(b) The Building or Fire Official shall cause to be posted at each entrance to the building a notice: "This building is unsafe. And its use or occupancy has been prohibited by the Building or Fire Official."
(c) The notice shall remain posted until the required repairs are made or demolition is completed.
(d) It shall be unlawful for any person, firm or corporation or their agents, or other servants, to remove the notice without written permission of the Building or Fire Official or for any person to enter the building except for the purpose of making the required repairs or demolishing same.
(3) The owner, agent or person in control shall have the right, except in cases of emergency, to appeal the decision of the Building or Fire Official, as provided herein, and to appear before the Town Council at a specified time and place to show cause why he or she should not comply with the notice.
(4) In case the owner, agent or person in control cannot be found within the stated time limit, or if the owner, agent, or person in control shall fail, neglect or refuse to comply with notice to repair, rehabilitate or to demolish and remove the building or structure or portion thereof, the Building or Fire Official, after having ascertained the cost, shall cause the building or structure or portion thereof, to be demolished, secured or required to remain vacant.
(5) The decision of the Building or Fire Official shall be final in cases of emergency which, in his or her opinion, involve imminent danger to human life or health. He or she shall promptly cause the building, structure, or portion thereof to be made safe or removed. For this purpose, he or she may at once enter the structure or land on which it stands, or abutting land or structures, with assistance and at cost as he or she may deem necessary. He or she may vacate adjacent structures and protect the public by appropriate fence or other means as may be necessary, and for this purpose may close a public or private way.
(6) Cost incurred under divisions (4) and (5) above shall be charged to the owner of the premises involved and shall be deemed to be a debt owed to the municipality, which may be collected by appropriate legal action.
(1985 Code, § 14-51) (Am. Ord. 2020-02, passed 1-21-2020) Penalty, see § 93.99