(A) The owner or other person having charge and control over any building or structure determined by the Building Inspector or, upon appeal, by the City Council to be unsafe and a public nuisance who shall fail to comply with any order to repair, vacate and repair, or demolish such building or structure, or any portion thereof, shall be punished as provided in § 10.99.
(B) The occupant or lessee in possession who fails to comply with any order to vacate any building or structure, or any portion thereof, in accordance with any order given as provided for in this subchapter, shall be punished as provided in § 10.99.
(C) Action by city.
(1) Authority to vacate or demolish. Whenever an order to repair, vacate and repair, or demolish any building or structure, or any portion thereof, has not been complied with within the time set by the City Council, the city shall have the power, in addition to any other remedy herein provided, to:
(a) Cause the building or structure ordered to be repaired to be vacated until such time as the necessary repairs have been made. No person shall thereafter occupy or permit to be occupied any such building until and unless the necessary repairs have been made and the Building Inspector has approved same and issued a certificate of occupancy for such building or structure.
(b) Request the Building Inspector to cause the building or structure to be demolished, and the land restored to a reasonable clear and level condition, including the filling of any excavation to the finished grade of the surrounding area. The demolition of any building or structure, and the sale of the materials thereof, shall be by a contract conforming to all applicable state and federal bidding laws. The Building Inspector may sell any such building or structure singly or otherwise. Any proceeds from the sale of any building or structure, or group of buildings or structures, over and above the cost of demolition, and cleaning the site, shall be retained to be distributed to the parties or persons lawfully entitled thereto.
(2) Report of demolition. Upon completion of the demolition of any building or structure, or any portion thereof, under this section, the Building Inspector shall cause to be prepared and filed with the City Council a report specifying:
(a) The work done;
(b) The cost of the work and incidental expenses;
(c) A description of the real property upon which the building or structure was located;
(d) The names and addresses of the persons entitled to notice pursuant to § 150.065; and
(e) The assessment against each lot or parcel or land proposed to be levied to pay the cost thereof.
(f) Any such report may include demolition work on any number of buildings or structures on any number of parcels of property, whether contiguous to each other or not. The term INCIDENTAL EXPENSES shall include, but not be limited to, the expenses and costs of the city in preparation of notices, specifications and contracts, inspection of the work, and the costs of printing and making required hereunder.
(3) Hearing on report and assessment of costs.
(a) Upon filing of the report of the Building Inspector, the City Council shall, by resolution, fix the day, hour and place when it will hear and pass upon the report, together with any objections or protests which may be raised by demolition, and any other interested persons. At least ten days before the date set for the hearing, the Building Inspector shall cause copies of his or her report and notice of the filing of his or her reports and of the day, hour and place when the City Council will hear and pass upon the report, and any objections or protests thereto, to be posted and served in the manner and upon the persons specified in § 150.065. A copy of the notice shall be published once at least ten days prior to the date set for the hearing in the official newspaper of the city.
(b) Any person interested in and affected by the proposed assessment may file written protests or objections with the City Clerk at any time prior to the hour set for the hearing on the report of the City Superintendent. Each such protest or objection must contain a description of the property in which the signer thereof is interested and grounds of such protest or objection. Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report of the Building Inspector, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the cost of the demolition and other interested persons. The Council may make such revisions, corrections or modifications in the report as it may deem just, and the report as submitted or as revised, corrected and modified, together with the assessment, the report and the assessment and all protests or objections shall be final and conclusive. The City Council may adjourn the hearings from time to time.
(4) Contest of assessment. The validity of any assessment levied under the provisions of this section shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is confirmed.
(5) Assessment as lien on property.
(a) The amount of the cost of abating such nuisance upon lots or parcels of land, including incidental expenses, as confirmed by the City Council, shall constitute special assessments against the respective lots or parcels of land, and as thus made and confirmed shall constitute a lien on such property for the amount of such assessments, respectively, until paid. Such lien shall, for all purposes, take priority, until paid. Such lien shall, for all purposes, take priority over all other liens except tax liens or paving assessment liens.
(b) Within a reasonable length of time after the special assessment liens are created by action of the City Council under this section, the City Clerk shall cause a certified copy of such special assessment lien to be filed with the County Clerk in the deed records of Grayson County. Such special assessment liens shall bear interest at the rate of 8% per annum from the date of filling of the same with the County Clerk and such lien shall be collected in the same manner as other assessment liens are collected under the laws of the state.
(Ord. 979, passed 5-13-08)