(A) Authority. In addition to other penalties provided herein but not in lieu thereof, the City Council may condemn structures through the passage of a resolution, after a public hearing that shall include:
(1) A description of the structures;
(2) The owner or owners of the structures; and
(3) Findings that the structures are unfit for human occupancy, or otherwise detrimental to the life, property or safety of the public.
(B) Keeping condemned structures prohibited. It shall be unlawful for any person to own, keep or maintain any structure within the corporate limits of the city which is condemned by resolution of the City Council.
(C) Notices. The Code Enforcement Department shall be responsible for publication, mailing or delivery of all notices required to condemn structures.
(1) Prior notice of proposed condemnation. The owner of the structure will be provided notice of any proposed condemnation action no less than ten calendar days prior to consideration by City Council. If appropriate, any and all lien holders will also be provided notice of any proposed condemnation action no less than ten calendar days prior to consideration by City Council. Notice will be provided by the method described in § 96.134(B).
(2) Notice of condemnation. After a structure has been condemned by resolution as provided in this chapter, a certified copy of such resolution will be mailed to the owners thereof, by the method described in § 96.134(B), and if appropriate, may be recorded in the property records of the Jefferson Circuit/County Clerk.
(3) Notice of certification of costs. After a condemned structure has been removed at city expense, the owner will be provided not less than ten calendar days’ prior notice of any action to certify costs by City Council. If appropriate, any and all lien holders will also be provided no less than ten calendar days’ prior notice of any action to certify costs by City Council. Notice will be provided by the method described in § 96.134(B).
(D) Destruction and removal. Condemned structures shall be destroyed and removed from the premises.
(1) Destruction and removal by owner. The owner of any structure that has been condemned by resolution of City Council is permitted to cause, at his or her own expense, to have the same destroyed and removed within 30 days after the city has provided notice under division (C)(2). No person is allowed to repair or refurbish a condemned structure without an agreement approved by City Council that guarantees repairs will be done in a proper and timely fashion. It is the owner’s responsibility to obtain a sponsor for any legislation that would allow the repair or refurbishment of a condemned structure.
(2) Destruction and removal by city. If the condemned structure has not been torn down and removed, or otherwise abated, within 30 days after the notice requirements of division (C)(2) have been met, then the Code Enforcement Officer shall supervise the removal of any such structure in such a manner as deemed appropriate under existing circumstances. If the structure has a substantial value, it or any saleable materials thereof may be sold at public sale to the highest bidder for cash using procedures provided by law. The cost of removal will be presented to the City Council for certification and collection from the owner.
(E) Disposition of proceeds of sale or salvage of condemned structures. All the proceeds of the sale or salvage of any structure, and all fines collected from the provisions of this subchapter shall be paid by the persons collecting the same to the City Treasurer. If any such structure, or the saleable materials thereof, be sold for an amount which exceeds all costs incidental to the abatement of the nuisance, including the cleaning up of the premises by the city, plus any fines imposed, the balance thereof will be returned by the City Treasurer to the former owners of the house, building and/or structure constituting the nuisance.
(F) Lien on property for net costs. If the city has any net costs in the removal of any condemned house, building or structure, the city shall have a lien on the property as provided by A.C. §§ 14-54-903 and 14-54-904.
(G) Penalty for violation of subchapter. A penalty as provided by this chapter is hereby imposed against the owners of any structure condemned by resolution of the City Council 30 days after such structure has been condemned; and each day thereafter such nuisance be not abated constitutes a separate and distinct offense, provided the notice as provided in division (C)(2) above has been given within ten calendar days after such structure has been condemned.
(H) Transfer of ownership. After receiving a notice of condemnation, it shall be unlawful for the owner of any structure to sell, transfer, mortgage, lease, or otherwise alienate or dispose of the same until:
(1) The property or structure has been caused to conform with this chapter; or
(2) The owner shall provide the other party a true copy of any notice of violation issued by a Code Enforcement Officer and shall furnish to the Code Enforcement Officer a signed and notarized statement from the other party accepting responsibility for the property or structure.
(I) Restrictions on utility services to structures declared condemned.
(1) The city shall not provide or permit another to provide public or private utility services, such as water, gas or electricity to any building or house that has been condemned by the City Council pursuant to A.C. § 14-56-203.
(2) Division (I)(1) of this section shall not preclude the temporary use of such utility services as may be deemed necessary during construction, repair or alteration. The Code Enforcement Officer shall be responsible for making the determination as to when such temporary services may be necessary.
(J) Court action authorized. If City Council determines that a particular structure be judicially condemned, the City Council shall direct the City Attorney to bring such action in the name of the city; and the only notice to be given to the owners and lien holders will be that as now provided for by law. When any such structure has been declared judicially to be a nuisance by a court of law, a penalty as provided by this chapter is hereby imposed against the owners thereof from the date such finding is made by the court; and each day thereafter such nuisance is not abated constitutes a separate and distinct offense.
(Ord. 442, passed 3-19-12) Penalty, see § 96.999