(A) If the Board of Commissioners has adopted an ordinance or the Enforcement Officer has issued an order requiring the nonresidential structure to be repaired or vacated and closed and the structure has been vacated and closed for a period of two years pursuant to the ordinance or order, the board may make findings that the owner has abandoned the intent and purpose to repair, alter or improve such structure and that the continuation of the structure in its vacated and closed status would be inimical to the health, safety and welfare of the town in that it would continue to deteriorate, would create a fire or safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities or would cause or contribute to blight and the deterioration of property values in the area. Upon such findings, the Board may, after the expiration of the two-year period enact an ordinance and serve such ordinance on the owner, setting forth the following:
(1) If the cost to repair the nonresidential structure to bring it into compliance with the minimum requirements by removing the conditions set forth in § 151.06 is less than or equal to 50% of its then current value, the ordinance shall require that the owner either repair or demolish and remove the structure within 90 days; or
(2) If the cost to repair the nonresidential structure to bring it into compliance with the minimum requirements by removing the conditions set forth in § 151.06 exceed 50% of its then current value, the ordinance shall require the owner to demolish and remove the structure within 90 days.
(B) In the case of vacant manufacturing facilities or vacant industrial warehouse facilities, the structure must have been vacated and closed pursuant to an order or ordinance for a period of five years before the Board of Commissioners may take action under this section.
(Ord. passed 7-20-2010)