[Code 1974 § 4-28(a); Code 1985 § 6-1;
Code 2005 § 22-1]
The code official is hereby authorized and empowered to:
[Code 1985 § 6-2; Code 2005 § 22-2]
No person shall erect or maintain a television satellite dish
antenna except in compliance with the zoning ordinance.
[Code 1974 §§ 4-43, 4-45; Code 1985 § 6-3;
Code 2005 § 22-3]
When wrecking or demolishing a building, no wall shall be taken
down more than one story in advance of any other wall. All material
and debris shall be immediately lowered to the ground and shall not
be placed on the floors of the building. Amber lights must be displayed
on and maintained from sundown until sunrise at each end of any piles
of materials and at each end of every excavation.
[Code 1974 § 4-28(b) — (f); Code 1985 § 6-4;
Code 2005 § 22-4]
A.
The
City may cause dilapidated buildings within the municipal limits to
be torn down and removed in accordance with the following procedures:
(1)
At least 10 days' notice that a building is to be torn down
or removed shall be given to the owner of the property before the
City holds a hearing. A copy of the notice shall be posted on the
property to be affected. In addition, a copy of said notice shall
be sent by mail to the property owner at the address shown by the
current year's tax rolls in the office of the county treasurer.
Written notice shall also be mailed to any mortgage holder as shown
by the records in the office of the county clerk to the last-known
address of the mortgagee.
(2)
At the time of mailing of notice to any property owner or mortgage
holder, the City shall obtain a receipt of mailing from the postal
service, which receipt shall indicate the date of mailing and the
name and address of the mailee.
(3)
If neither the property owner nor mortgage holder can be located,
notice may be given by posting a copy of the notice on the property,
or by newspaper legal publication one time not less than 10 days prior
to the date of hearing.
(4)
A hearing shall be held by the City to determine if the property
is dilapidated and has become detrimental to the health, safety, or
welfare of the general public and the community, or if the property
creates a fire hazard which is dangerous to other property.
(5)
Pursuant to a finding that the condition of the property constitutes
a detriment or a hazard and that the property would be benefitted
by the removal of such conditions, the City may cause the dilapidated
building to be torn down and removed. The City shall fix reasonable
dates for the commencement and completion of the work. The City Clerk
shall immediately file a notice of dilapidation and lien with the
county clerk describing the property, the findings of the City at
the hearing, and stating that the City claims a lien on the property
for the destruction and removal costs and that such costs are the
personal obligation of the property owner from and after the date
of filing of the notice. The agents of the City are granted the right
of entry on the property for the performance of the necessary duties
as a governmental function of the City if the work is not performed
by the property owner within dates fixed by the City;
(6)
The City shall determine the actual cost of the dismantling and removal of dilapidated buildings and any other expenses that may be necessary in conjunction with the dismantling and removal of the buildings, including the cost of notice and mailing. The City Clerk shall forward a statement of the actual cost attributable to the dismantling and removal of the buildings and a demand for payment of such costs, by mail to the property owner. In addition, a copy of the statement shall be mailed to any mortgage holder at the address provided for in Subsection A(1). At the time of mailing of the statement of costs to any property owner or mortgage holder, the City shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.
(7)
If a City dismantles or removes any dilapidated buildings, the cost
to the property owner shall not exceed the actual cost of the labor,
maintenance, and equipment required for the dismantling and removal
of the dilapidated buildings. If dismantling and removal of the dilapidated
buildings is done on a private contract basis, the contract shall
be awarded to the lowest and best bidder.
(8)
When payment is made to the City for costs incurred, the City Clerk
shall file a release of lien, but if payment attributable to the actual
cost of the dismantling and removal of the buildings is not made within
six months from the date of the mailing of the statement to the owner
of such property, the City Clerk shall forward a certified statement
of the amount of the cost to the county treasurer. The costs shall
be levied on the property and collected by the county treasurer as
are other taxes authorized by law. Until finally paid, the costs and
the interest thereon shall be the personal obligation of the property
owner from and after the date of the notice of dilapidation and lien
is filed with the county clerk. In addition, the cost and the interest
thereon shall be a lien against the property from the date the notice
of the lien is filed with the county clerk. The lien shall be coequal
with the lien of ad valorem taxes and all other taxes ands special
assessments and shall be prior and superior to all other titles and
liens against the property. The lien shall continue until the cost
is fully paid.
(9)
Any time prior to collection the City may pursue any legal remedy
for collection of the amount owing and interest thereon including
an action in personam against the property owner and an action in
rem to foreclose its lien against the property. Upon receiving payment,
the City Clerk shall forward to the county treasurer a notice of such
payment and shall direct discharge of the lien.
B.
The
City Manager is hereby designated as the administrative officer to
carry out the duties of the City as set forth in this section. In
the absence of the City Manager, the Assistant City Manager is so
appointed. The property owner shall have a right of appeal to the
Board of Commissioners from any order of the City Manager or Assistant
City Manager. Such appeal shall be taken by filing written notice
of appeal with the City Clerk within 10 days after the administrative
order is rendered.
C.
For
purposes of this section:
(1)
Dilapidated building means:
a.
A structure which through neglect or injury lacks necessary repairs
or otherwise is in a state of decay or partial ruin to such an extent
that the structure is a hazard to the health, safety, or welfare of
the general public;
b.
A structure which is unfit for human occupancy due to the lack of
necessary repairs and is considered uninhabitable or is a hazard to
the health, safety, and welfare of the general public; or
c.
A structure which is determined by the City to constitute a public
nuisance.
(2)
Owner means the owner of record as shown by the most current tax
rolls of the county treasurer.
D.
Nothing
in the provisions of this section shall prevent the City from abating
a dilapidated building as a nuisance or otherwise exercising its police
power to protect the health, safety, or welfare of the general public.
E.
The
officers, employees or agents of the City shall not be liable for
any damages or loss of property due to the removal of dilapidated
buildings performed pursuant to the provisions of this section or
as otherwise prescribed by law.
F.
The
provisions of this section shall not apply to any property zoned and
used for agricultural purposes.
[Code 1974 § 4-46; Code 1985 § 6-5; Code
2005 § 22-5]
It shall be unlawful for any person to erect or maintain any
awning over the sidewalk unless it is suspended from the building
and in no way connected with or touching the sidewalks, curb or street
and the lower part of the framework of the awning, where it extends
across or over the sidewalk, is at least seven feet above the sidewalk
or street.
