(A) Definition and abatement. All buildings or structures which are structurally unsafe, or 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, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, or abandonment, as specified in the SBC, another provision of the city code, or any other law, are, for the purpose of this section, UNSAFE BUILDINGS. All UNSAFE BUILDINGS are hereby declared to be public nuisances, and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified herein.
(B) Notice to owner. The Building Official shall examine, or cause to be examined, every building or structure, or portion thereof, reported as dangerous or damaged and, if such is found to be an unsafe building, the Building Official shall give to the owner of the building written notice stating the defects therein. This notice may require the owner, or person in charge, of the building or premises, within 48 hours, to commence either the required repairs or improvements, or demolition and removal of the building or structure, or portions thereof, and all work shall be completed within 90 days from the date of notice, unless otherwise stipulated by the Building Official. If necessary, the notice also shall require the building, structure, 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 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; provided, that if the notice is by registered mail, or certified mail, the designated period within which the 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.
(C) 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 Department, City of St. James.” 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.
(D) Right to demolish. In case the owner shall fail, neglect, or refuse to comply with the notice to repair, rehabilitate, or to demolish, and remove, the building or structure, or portion thereof, the Council may order the owner of the building prosecuted as a violator of the provisions of this section, and may order the Building Official to proceed with the work specified in the notice. A statement of the cost of the work shall be transmitted to the Council, who shall cause the same to be paid and levied as a special assessment against the property.
(E) Costs. Costs incurred under division (D) above shall be paid out of the treasury. The costs shall be charged to the owner of the premises involved as a special assessment on the land on which the building, or structure, is located, and shall be collected in the manner provided for special assessments.
(F) Unlawful act. It is unlawful for the owner of any property to suffer, or permit, an unsafe building, as defined herein, to remain thereon.
(Prior Code, § 4.09) Penalty, see § 10.99