§ 14-136. Criteria for declaration of dangerous building or other structure as nuisance; abatement of nuisance.

(a)

Any building, part thereof or any other structure, retaining wall, fence wall, tower or smokestack in the city which has any of the following defects shall be deemed a dangerous building or structure: Buildings or other structures which are unfit for human habitation, use or occupancy due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such building or structure unsafe and unsanitary and dangerous or detrimental to the health, safety or morals, or which are otherwise inimical to the welfare of the residents of the city are deemed dangerous buildings or structures.

(b)

Any dangerous building or structure, as described in subsection (a) of this section, is declared to be a public nuisance and shall be repaired, vacated or demolished as provided in this article.

(1)

The building official of the city is hereby designated and appointed to exercise the powers prescribed by this article.

(2)

Whenever a petition is filed with the building official by a public authority, or by at least five residents of the city, charging that any building or other structure is unfit for human habitation, use or occupancy, or whenever it appears to the building official on his motion that any building or other structure is unfit for human habitation, use or occupancy, the building official shall, if his preliminary investigation discloses the basis for such charges, issue and cause to be served upon the owner of and parties in interest in such premises a complaint, stating the charges in that respect and containing a notice that a hearing will be held before the building official at a place fixed not less than ten days and no more than 30 days after the serving of the complaint. The owners and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint.

(3)

If the owner fails to comply with such order within the time prescribed, the building official may cause the building or other structure to be vacated and closed. The building official may cause to be posted on the main entrance of any building or other structure so closed a placard with the following words:

"This building is unfit for human habitation, use or occupancy; the use or occupation of this building by humans is prohibited and unlawful."

Any person who shall rent, lease, or occupy, or who shall permit any person to rent, lease or occupy such a building or other structure for human habitation, use or occupancy, shall be liable for such penalty as may be prescribed by section 1-5.

(4)

If, after notice and hearing, the building official determines that a building or other structure is in such condition, because of dilapidation, disrepair, structural defects, or otherwise, that it is dangerous or injurious to the health or safety of the public or the occupants of buildings or the occupants of neighboring buildings, the building official shall issue and cause to be served upon the owner an order requiring him to repair, alter or improve the building to the extent and within the time specified in such order, or at the option of the owner, to remove or demolish such building. If the owner fails to comply with such order within the time prescribed, the building official may cause such building to be repaired, altered or improved in accordance with the order. If such repairs, alterations or improvements cannot be made at a reasonable cost in relation to the value of the building, the building official may cause such building to be removed or demolished. The city may fix a certain percentage of such cost in relation to the value of a building as being reasonable for such purpose, and the costs of such repairs, alterations, improvements or removal, or demolition shall be a lien against such real estate, and assessed and collected as a special tax. The board of aldermen ordering such assessment shall fix a day for the hearing of objections to such assessment, and shall cause the city clerk to give the property owner ten days' written notice, by mail, if the post office address of the owner is known, but if the post office address of the owner is unknown, notice shall be given by posting notice for at least ten days in five public places in the city, of the time and place for the hearing of objections to such assessment. One of such public places for posting notice shall be on the land which is the subject matter of such assessment. If the amount of the special tax is not paid in full within six months from and after the date the assessment becomes final, the tax collector shall proceed to advertise and sell the real estate, or a sufficient amount to recover the special tax and all costs of the sale, after having given notice of the time and place of such sale as is required by law for the sale of land for delinquent ad valorem taxes. From the proceeds of the sale, the tax collector shall first pay the cost of the sale, after which he shall pay the cost of such repairs, alterations, improvement, removal of demolition, and any amount remaining over shall be deposited by him with the clerk of the circuit court. If the building is removed or demolished by the building official, he may sell the materials of such building, and shall credit the proceeds of such sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the circuit court by the building official, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled by the final award or judgment of such court.

(Ord. of 4-7-92, § 1)