(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 this code of ordinances or any other law, are, for the purpose of this section, unsafe buildings. All such 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) Powers of Building Inspector.
(1) The Building Inspector shall examine every building or structure or portion thereof reported as dangerous or damaged and, if found to be an unsafe building, the Building Inspector shall give the owner of the building written notice stating the defects therein. The notice may require the owner or person in charge of the premises, within 48 hours, to commence either the required repairs or improvements or demolition and removal of the building, structure, or portions thereof. All such work shall be completed within 90 days from the date of notice, unless otherwise stipulated by the Building Inspector.
(2) If necessary, the notice shall also require the building, structure, or a portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected, and approved by the Building Inspector. Upon certification by the Building Inspector that a building or structure presents an immediate danger to the health and safety of persons in the community, the city may take immediate action to provide for the emergency evacuation and securing of a building, with notice to the owner or person in charge of the premises as set forth in this chapter.
(C) Service of notice to owner. Proper service of the required 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, service may be made upon the owner of record 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 Inspector shall begin as of the date of delivery shown upon the return receipt.
(D) Posting of signs. The Building Inspector shall cause to be posted at each entrance to such building a notice to read: “Do Not Enter, Unsafe to Occupy”. Building Department, City of Wadena”. Such notice shall remain posted until the required repairs, demolition, or removal are completed. Such notice shall not be removed without written permission of the Building Inspector and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building.
(E) 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 said 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 Inspector to proceed with the work specified in such notice. A statement of the cost of such work shall be transmitted to the Council, who shall cause the same to be paid and levied as a special assessment against the property.
(F) Costs. Costs incurred under division (E) above shall be paid out of the Treasury. Such 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.
(G) Unlawful act. It is unlawful for the owner of any property to offer or permit an unsafe building as defined herein to remain thereon.
(2006 Code, § 4.10) (Ord. 123, Second Series, passed 6-5-1998) Penalty, see § 150.99