Any building, wall or structure which is or may become dangerous to
life or health or which may tend to extend a conflagration shall be removed
or destroyed, and the cost thereof shall be assessed as a municipal lien against
said premises.
[Amended 1-25-1988 by Ord.
No. 1988-1]
The Construction Code Official of the City shall be the officer whose
duty it shall be to file a written complaint with the Board of Commissioners
concerning any building, wall or structure in said City which is or may become
dangerous to life or health or which might tend to extend a conflagration.
[Amended 1-25-1988 by Ord.
No. 1988-1]
Before any proceeding is taken pursuant to the provisions hereof and
pursuant to the complaint of the Construction Code Official, the Board of
Commissioners shall, by resolution, cause notice of the contemplated removal
or destruction of any such building, wall or structure to be given to the
owner or owners of any land affected thereby. Such notice shall contain a
description of the property affected, sufficiently definite in terms to identify
the same, as well as a description of the manner in which such removal or
destruction is to be carried out, and a notice that unless such building,
wall or structure is removed or destroyed within 30 days after the service
of such notice, the Board of Commissioners will proceed with such removal
or destruction or cause the same to be proceeded with. Such notice may be
served upon the owner or owners resident in the City of Margate City, in person
or by leaving the same at his or their usual place of residence with a member
of his family above the age of 14 years. In case any such owner shall not
reside in the City of Margate City, notice may be served upon him or her personally
or by mail to his or her last known post office address, or it may be served
upon the occupant of the property or upon the agent of the owner in charge
thereof. In case the owner of any such property is unknown or service cannot
be made for any reason as above directed, notice thereof shall be published
at least once, not less than 30 days before the proposed removal or destruction,
in a newspaper circulating in the City of Margate City. There may be inserted
in said advertisement notice to the owner or owners of several different parcels
of land. Notice to infant owners or owners of unsound mind shall be serve
upon their guardians. Where lands are held in trust, service shall be made
upon the trustee. Where lands are held by two or more joint tenants, tenants
in common or tenants by the entirety, service upon one of such owners shall
be sufficient and shall be deemed and taken as notice to all. Proof of service
of such notice shall be filed within 10 days thereafter with the officer having
charge of the record of tax liens in the City, but failure to file the same
shall not invalidate the proceedings if service has actually been made as
herein provided.
When any such removal or destruction shall have been undertaken and
completed by the City of Margate City, an accurate account of the cost and
expense thereof shall be kept by the officer of the City in charge of such
removal or destruction and filed with the City Clerk. The Board of Commissioners
shall examine the same and, if the same is properly made, shall confirm it
and file such report with the City Assessor, who shall assess the costs thereof
as a municipal lien against said premises.
[Amended 1-25-1988 by Ord.
No. 1988-1]
The Construction Code Official is hereby designated as the officer charged
with the supervision of the removal or destruction of any building, wall or
structure which is or may become dangerous to life or health or which might
tend to extend a conflagration.
[Amended 1-25-1988 by Ord.
No. 1988-1]
Any owner or owners or occupant or other person having any lien or claim
upon the premises on which is situate any such building, wall or structure,
desiring to contest the right of the City to remove or destroy any such building,
wall or structure because he or she contends it is not dangerous to life or
health or might not tend to extend a conflagration, may file a written protest
against such contemplated removal or destruction with the City Clerk before
the time has expired in the notice as hereinabove provided, setting forth
his or her objection and his or her post office address, in which case the
City Clerk shall present the matter to the Board of Commissioners and to the
Construction Code Official of said City. The Board of Commissioners shall
thereafter, on not less than 10 days' written notice, mailed by the City Clerk
to such person's or persons' post office address designated in said written
objection, fix a time and place for the hearing of said objection. After such
hearing, the Board of Commissioners shall either pass a resolution not to
proceed or to proceed with the destruction or removal of any such building,
wall or structure which is or may become dangerous to life or health or which
might tend to extend a conflagration. If the resolution is to proceed with
the destruction or removal, the Construction Code Official shall, upon the
expiration of the time prescribed in the original notice hereinabove provided,
proceed forthwith with the removal or destruction of the same.