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!!! Subsection 401.2.3.3.1 of the Uniform Code for the Abatement of Dangerous Buildings is hereby repealed; and a new subsection 401.2.3.3.1 of the Uniform Code for the Abatement of Dangerous Buildings is hereby enacted in lieu thereof as follows:
Section 401--General
401.2 Notice and order.
3.3.1 If the building official has determined that the buildings or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within 30 days and completed within such time as the building official shall determine is reasonable under all of the circumstances.
Subsection 401.2.3.3.3 of the Uniform Code for the Abatement of Dangerous Buildings is hereby repealed; and a new subsection 401.2.3.3.3 of the Uniform Code for the Abatement of Dangerous Buildings is hereby enacted in lieu thereof as follows:
Section 401--General
401.2 Notice and order.
3.3.3. If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within 30 days of the order; that all required permits be secured therefor within 60 days; and that the demolition be completed within 90 days.
Subsection 401.2.6 is hereby added to the Uniform Code for the Abatement of Dangerous Buildings as follows:
Section 401.2.6
The building official shall order the dangerous structure demolished after ninety (90) days. If any person having any record of title or legal interest in the building has not appealed the order of the building official as outlined in section 401.2.5 of the Uniform Code for Abatement of Dangerous Buildings, said order to demolish shall be issued in writing and published giving property parcel number, street address, and listed owner. If after three (3) days from date of publishing there is no response to order to demolish the structure, the order shall be sent to the proper city agency to carry out said order. The cost of said order shall be paid and recovered according to section 802 of the Uniform Code for the Abatement of Dangerous Buildings and title 9 of the code of ordinances of the city.
Section 701.1, General, of the Uniform Code for the Abatement of Dangerous Buildings is hereby repealed, and a new section 701.1, General, is hereby enacted in lieu thereof as follows:
Section 701.1 General. After any order of the building official or the board of appeals made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order shall be in violation of a municipal infraction and punished as follows:
First offense | $200.00 |
Second offense | $500.00 |
Third offense | $750.00 |
The above civil penalties shall be in addition to any other appropriate relief ordered by the court to abate or cease the violation or to authorize the city to abate or correct the violation.
(Ord. 4300, 5-26-1998; amd. Ord. 4393, 11-1-1999)
A. Nuisance Declared; Remedial Action Required: All dangerous buildings are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as provided in this chapter.
B. Members Of Fire And Police Departments To Report Dangerous Buildings: The members of the fire department and police department shall make a report in writing to the building official of all buildings or structures which, in their opinion, are, may be or are suspected of being dangerous buildings. The reports must be delivered to the building official within twenty four (24) hours of the discovery of such buildings by any member of the fire department or police department.
C. Duty Of City Attorney To Prosecute Cases: With respect to dangerous buildings, the city attorney shall:
1. Prosecute all persons failing to comply with the terms of the notices given by the building official.
2. Appear at all hearings before the building official in regard to dangerous buildings.
3. Bring suit to collect all city liens, assessments or costs incurred by the building official in repairing or causing to be vacated or demolished any dangerous building.
4. Take such other legal action as is necessary to carry out the terms and provisions of this chapter. (Ord. 4300, 5-26-1998)
No officer, agent or employee of the city shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the city as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the city attorney until the final determination of the proceedings therein. (Ord. 4300, 5-26-1998)