(A) Unsafe structures. All buildings or structures which are unsafe, unsanitary or not provided with adequate egress or which are substandard 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, abandonment or severely in contemplation of this section are unsafe buildings. All such unsafe buildings are declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the following provisions:
(1) Whenever the Building Official shall find any building or structure or portion thereof to be unsafe, as defined in this section, he or she shall, in accordance with established procedure for legal notices, give the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within 30 days to purchase a building permit and to commence specified repairs or improvements or to demolish and remove the building or structure or portion thereof. The Building Official shall set the time allowed to complete such repairs or removal. If the person to whom such notice and order is addressed cannot be found after diligent search, then such notice shall be posted in a conspicuous place on the premises to which it relates. Such mailing and posting shall be deemed adequate service;
(2) Any owner, agent or person in control of such building or structure who shall fail, neglect or refuse within the stated time to comply with the notice from the Building Official to repair, rehabilitate or to demolish the building or structure or portion thereof shall be guilty of a misdemeanor and shall be subject to penalties set out in division (B) of this section;
(3) In case the owner, agent or person in control cannot be found within the stated time, or, if such 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 Official shall refer the matter of removing the building to the City Council. If the City Council deems the structure unsafe and that it is in the best interest of the city to proceed with removal of the unsafe structure, it shall enact an ordinance ordering the property owner to raze and remove the unsafe structure, with work thereon to commence within ten days and be completed within 30 days. If the property owner fails to do so, the Mayor or his or her authorized representative shall cause the unsafe structure to be razed and removed. The cost thereof shall be charged against the premises and shall constitute a lien thereon;
(4) The amount of the lien may be determined at a hearing before the City Council held after 30-days’ written notice by certified mail to the owner of the property if the name and whereabouts of the owner is known. If the name of the owner cannot be determined, then the amount will be determined only after publication of notice of the hearing once a week for four consecutive weeks. The determination of the City Council is subject to appeal by the property owner to the Chancery Court. The amount so determined at the hearing, plus 10% penalty for collection, shall be certified by the City Council by ordinance to the Tax Collector of the county in which the property is located, to be placed on the tax books as delinquent taxes and collected accordingly. The amount, less 3% thereof, when so collected shall be paid to the city by the County Tax Collector. In the alternative, the lien provided for pursuant to this chapter and state law may be enforced in the Chancery Court at any time within 18 months after work has been done;
(5) In cases of emergency which, in the opinion of the Building Official, involve imminent danger to human life or health, he or she shall promptly cause such building, structure or portion thereof to be made safe or removed, whether the procedure prescribed in this section has been instituted or not. For this purpose, he or she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he or she may deem necessary. He or she may vacate adjacent structures and protect the public by appropriate fence or such other means as may be necessary and for this purpose may close a public or private way.
(B) Violations and penalties. Whenever it is found that any person is violating any of the provisions or requirements set out in this section, a written notice stating the offense and setting time limits for the correction thereof shall be served upon the offender in person or by certified mail by the Chief City Inspector. If the offending party is not the owner of record of the tract upon which the dwelling or dwellings are being constructed, a copy of the notice shall also be served on the owner of record. The offender shall within this time limit set in the notice served upon him or her forever cease all violations.
Any person who shall continue to violate any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not less than $25 nor more than $250. Each day any such violation may continue shall be deemed a separate offense.
(Ord. 100, passed 8-30-94; Am. Ord. 2016-08-591, passed 8-3-16)