(a) The Building Official may order the owner of premises upon which is located any structure or part thereof to raze and remove such structure or part thereof for any of the following reasons:
(1) When the Building Official determines that the structure or any part thereof is in an advanced state of disrepair and endangers the health and safety of the public or is otherwise unfit for human habitation, occupancy or use, so that it would be unreasonable to repair the same;
(3) Construction was not in accordance with approved plans or without a building permit or after issuance of a stop work order; or
(4) Where there has been a cessation of normal construction of any structure for a period of more than nine months.
(b) Whenever the Building Official determines that the cost of such repairs would exceed sixty percent (60%) of the current value of such structure, such repairs shall be presumed unreasonable and it shall be presumed for the purpose of this section that such structure is a public nuisance which may be ordered razed and removed.
(c) Initial orders shall be in accordance with Section 1305.10(b). Failure to comply with the orders within the specified time shall allow the Building Official to issue an order in accordance with Section 1305.10(f). The Building Official may, upon good cause shown, allow the owner such additional time as may be necessary to abate the unsafe nuisance condition.
(d) The Building Official shall be authorized to take the following steps:
(1) At least thirty days prior to the demolition of the building or structure, the Building Official shall notify all owners and lien holders of record of the property by certified mail, return receipt requested, priority mail with delivery confirmation, by publication at least once in a newspaper of general circulation in St. Bernard, and by posting a notice in a conspicuous place upon the building or structure.
(2) Not less than thirty days after the notification as set forth in subsection (d)(1) hereof, enter upon the premises concerned with sufficient force to take down and remove the subject building or structure.
(3) Demolish the building or structure and certify the costs incurred to the Treasurer for payment. The demolition shall include all debris removal, backfilling and grading of the premises.
(e) When any structure has been razed and removed by the Village, Council or a duly authorized officer under contract or arrangement may sell the salvage and materials in the following manner:
(1) Notice of the sale shall be given by published advertisement in a newspaper of general circulation in St. Bernard once a week for three consecutive weeks prior to the date of the sale.
(2) All such sales shall be public sales/auctions.
(3) The net proceeds of the sale, after deducting the expenses of razing and removing such structure and advertising and sales expenses, shall be remitted to the owners and lien holders of record in order of priority, subject to any order of the court. A report of the sale, including the items of expense and the amounts deducted shall be remitted with the net surplus. If such a surplus does not remain, the report of the sale shall so state.
(f) The Law Director, at the request of the Building Official, may institute proceedings to recover the total cost in accordance with the provisions of Section 1305.10(k).
(Ord. 15-2011. Passed 3-17-11.)