(a)
Findings.
There exist in the city buildings used for
residential and nonresidential purposes that are substandard in structure
and maintenance. Inadequate light and air, insufficient protection
against fire, lack of proper heating and unsanitary conditions constitute
a menace to the health, safety and welfare of the citizens of the
city. The existence of such conditions will create slum and blighted
areas requiring large-scale clearance if not remedied. Furthermore,
in the absence of corrective measures, areas will experience a deterioration
of social values, impairment of property values and a curtailment
of investment and tax revenue.
(b)
Purpose.
The purpose of this article is to protect the
health, safety, morals and welfare of the citizens of the city by
establishing minimum standards applicable to residential and nonresidential
buildings. Minimum standards are established with respect to property,
building structure, utilities and health, which are essential to make
buildings safe, sanitary and fit for human use and habitation. Demolition
is provided as a last resort when compliance with standards cannot
reasonably be achieved.
(c)
Scope.
The provisions of this article apply to all buildings
within the city whether in existence on the effective date of this
article or constructed afterward.
(Ordinance 01-26 adopted 9/4/01; 2001 Code, sec. 3.301)
In this article:
Any building, fence, awning, canopy, sign, shed, garage,
house, tent, or other structure, and any structure intended for human
habitation or other occupancy, and includes, but is not limited to,
a mobile home, a manufactured home and a travel trailer.
The International Building Code as adopted by the city.
An employee of the city designated by the mayor to enforce
the provisions of this article.
The National Electrical Code as adopted by the city.
The International Fire Code as adopted by the city.
A structure, constructed on or after June 15, 1976, transportable
in one or more sections, which in the traveling mode is eight body
feet or more in width or 40 body feet or more in length, or when erected
on-site is 320 or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air conditioning and electrical systems.
The International Mechanical Code as adopted by the city.
A structure that was constructed before June 15, 1976, transportable
in one or more sections, which in the traveling mode is eight body
feet or more in width or 40 body feet or more in length, or when erected
on-site is 320 or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air conditioning and electrical systems.
The International Plumbing Code as adopted by the city.
A structure having no foundation other than a permanent chassis
with wheels, which is 12 body feet or less in width, and is less than
40 body feet in length and is designed to be used as a dwelling with
or without a permanent foundation. The term “travel trailer”
includes folding, hardtop campers transported behind a motor vehicle,
truck-mounted campers attached to and transported behind a motor vehicle
or pickup, recreational vehicles, campers, converted buses, tent trailers,
tents or similar devices used for temporary, portable housing or similar
types of temporary dwellings intended for short-term occupancy, travel
and/or recreation.
(Ordinance 01-26 adopted 9/4/01; 2001 Code, sec. 3.302)
(a)
Generally.
(1)
Administration.
The building official is hereby authorized
to enforce the provisions of this article. The building official shall
have the power to render interpretations of this article and to adopt
and enforce rules and supplemental regulations in order to clarify
the application of its provisions. Such interpretations, rules and
regulations shall be in conformity with the intent and purpose of
this article.
(2)
Inspections.
The building official and the fire marshal
or their designees are hereby authorized to make such inspections
and take such actions as may be required to enforce the provisions
of this article.
(3)
Right of entry.
When it is necessary to make an inspection
to enforce the provisions of this article, or when the building official
or his designee has a reasonable cause to believe that there exists
in a building or upon premises a condition which is contrary to or
in violation of this article which makes the building or premises
unsafe, dangerous or hazardous, the building official or his designee
may enter the building or premises at reasonable times to inspect
or perform the duties imposed by this article, provided that, if such
building or premises be occupied, credentials be presented to the
occupant and entry requested. If such building or premises be unoccupied,
the building official or his designee shall first make a reasonable
effort to locate the owner or other person having charge or control
of the building or premises and request entry. If entry is refused,
the building official shall have recourse to the remedies provided
by law to secure entry.
(b)
Abatement of dangerous or substandard buildings.
All
buildings or portions thereof which are determined after inspection
by the building official to be dangerous or substandard as defined
by this article are hereby declared to be public nuisances and shall
be abated by repair, vacation, demolition, removal or securing in
accordance with the procedures specified in this article.
(c)
Violations.
It shall be unlawful for any person, firm
or corporation to erect, construct or use, occupy or maintain any
building that is deemed herein to be a nuisance or cause or permit
the same to be done in violation of this article.
(d)
Inspection authorized.
All buildings within the scope
of this article and all construction or work for which a permit is
required shall be subject to inspection by the building official.
(Ordinance 01-26 adopted 9/4/01; 2001 Code, sec. 3.303)
(a)
For
the purposes of this article, any building, regardless of the date
of its construction, which has any or all of the conditions or defects
hereinafter described shall be deemed to be a substandard building
and a nuisance:
(1)
Any building that is dilapidated, substandard or unfit for human
habitation and a hazard to the public health, safety and welfare.
(2)
Any building that, regardless of its structural condition, is unoccupied
by its owners, lessees or other invitees and is unsecured from unauthorized
entry to the extent that it could be entered or used by vagrants or
other uninvited persons as a place of harborage or could be entered
or used by children.
(3)
Any building that is boarded up, fenced or otherwise secured in any
manner if:
(4)
Whenever any building, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resistive
construction, faulty electric wiring, gas connections or heating apparatus
or other cause, is determined by the fire marshal to be a fire hazard.
(5)
Whenever any building is in such a condition as to make a public
nuisance known to the common law or in equity jurisprudence.
(6)
Whenever any portion of a building remains on a site after the demolition
or destruction of the building.
(7)
Whenever any building is abandoned so as to constitute such building
or portion thereof an attractive nuisance or hazard to the public.
(8)
Any building constructed and still existing in violation of any provision
of the building code, fire code, plumbing code, mechanical code or
electrical code of the city to the extent that the life, health or
safety of the public or any occupant is endangered.
(b)
For
the purposes of this article, any building, regardless of the date
of its construction, which has any or all of the conditions or defects
hereinafter described to an extent that endangers the life, limb,
health, property, safety or welfare of the public or the occupants
thereof shall be deemed and hereby is declared to be a substandard
building and a nuisance:
(1)
Whenever any door, aisle, passageway, stairway or other means of
exit is not of sufficient width or size or is not so arranged as to
provide safe and adequate means of exit in case of fire or panic.
(2)
Whenever the walking surface of any aisle, passageway, stairway or
other means of exit is so warped, worn, loose, torn or otherwise unsafe
as to not provide safe and adequate means of exit in case of fire
or panic.
(3)
Whenever the stress in any materials, or members or portion thereof,
due to all dead and live loads, is more than one and one-half times
the working stress or stresses allowed in the building code for new
buildings of similar structure, purpose or location.
(4)
Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood or by any other cause to such an extent that the structural
strength or stability thereof is materially less than it was before
such catastrophe and is less than the minimum requirements of the
building code for new buildings of similar structure, purpose or location.
(5)
Whenever any portion or member or appurtenance thereof is likely
to fail or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
(6)
Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof, is not of sufficient strength
or stability, or is not so anchored, attached or fastened in place,
so as to be capable of resisting a wind pressure of one-half of that
specified in the building code for new buildings of similar structure,
purpose or location without exceeding the working stresses permitted
in the building code for such buildings.
(7)
Whenever any portion thereof has wracked, warped, buckled or settled
to such an extent that walls or other structural portions have materially
less resistance to winds or earthquakes than is required in the case
of similar new construction.
(8)
Whenever the building, or any portion thereof, because of: (i) dilapidation,
deterioration or decay; (ii) faulty construction; (iii) the removal,
movement or instability of any portion of the ground necessary for
the purpose of supporting such building; (iv) the deterioration, decay
or inadequacy of its foundation; or (v) any other cause, is likely
to partially or completely collapse.
(9)
Whenever, for any reason, the building or any portion thereof is
manifestly unsafe for the purpose for which it is being used.
(10)
Whenever the exterior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity does not fall inside the middle one-third of
the base.
(11)
Whenever the building, exclusive of the foundation, shows 33 percent
or more damage or deterioration of its supporting member or members,
or 50 or more percent damage or deterioration of its non-supporting
members, enclosing or outside walls or coverings.
(12)
Whenever the building has been so damaged by fire, wind, earthquake,
flood or other causes, or has become so dilapidated or deteriorated,
as to become: (i) an attractive nuisance to children; or (ii) a harbor
for vagrants, criminals or immoral persons.
(13)
Whenever any building has been constructed, exists or is maintained
in violation of any specific requirement or prohibition applicable
to such building provided by the building regulations of this jurisdiction
as specified in the building code, or of any law or ordinance of this
state or jurisdiction relating to the condition, location or structure
of buildings.
(14)
Whenever any building, whether or not erected in accordance with
all applicable laws and ordinances, has in any non-supporting part,
member or portion less than 50 percent, or in any supporting part,
member or portion less than 66 percent, of the: (i) strength, (ii)
fire-resisting qualities or characteristics, or (iii) weather-resisting
qualities or characteristics required by law in the case of a newly
constructed building of like area, height and occupancy in the same
location.
(15)
Whenever a building, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air or sanitation facilities,
or otherwise, is determined by the building official to be unsanitary,
unfit for human habitation or in such a condition that is likely to
cause sickness or disease for reasons including but not limited to
the following:
(A)
Lack of or improper water closet, lavatory, bathtub or shower in
a dwelling unit or lodging house.
(B)
Lack of or improper water closets, lavatories and bathtubs or showers
per number of guests in a hotel.
(C)
Lack of or improper kitchen sink in a dwelling unit.
(D)
Lack of hot and cold running water to plumbing fixtures in a hotel.
(E)
Lack of hot and cold running water to plumbing fixtures in a dwelling
unit or lodging house.
(F)
Lack of adequate heating facilities.
(G)
Lack of or improper operation of required ventilating equipment.
(H)
Lack of minimum amounts of natural light and ventilation required
by this code.
(I)
Room and space dimensions less than required by this code [or] the
building code.
(J)
Lack of required electrical lighting.
(K)
Dampness of habitable rooms.
(L)
Infestation of insects, vermin or rodents.
(M)
General dilapidation or improper maintenance.
(N)
Lack of connection to required sewage disposal system.
(O)
Lack of adequate garbage and rubbish storage and removal facilities.
(Ordinance 01-26 adopted 9/4/01; 2001 Code, sec. 3.304)
When the building official has inspected or caused to be inspected
any building and has found and determined that the building is substandard,
the building official may take any or all of the following actions,
as he or she deems appropriate:
(1)
Issue
notice to the record owner that the building is substandard and must
be repaired or demolished;
(2)
Issue
citation(s) for violation(s) of this article;
(3)
Secure the building if permitted by section 3.05.012(a) below; or
(Ordinance 01-26 adopted 9/4/01; 2001 Code, sec. 3.305)
(a)
Commencement of proceedings.
When the building official
has found and determined that a building is a substandard building,
the building official shall commence proceedings to cause the repair,
vacation, relocation of occupants, removal, demolition or securing
of the building.
(b)
Public hearing to be held.
Except when the city council finds that a building is likely to immediately endanger persons or property, a public hearing before the city council shall be held to determine whether a building complies with the standards set out in section 3.05.004 above. If the city council determines that the building constitutes an immediate danger, the procedures set forth in section 3.05.012(b) below shall be followed.
(c)
Notice.
Not less than ten (10) days prior to the date
on which the hearing is set the building official shall issue a notice
of the public hearing directed to the record owner of the building,
and to all mortgagees and lienholders. The city shall use diligent
efforts to determine the identity and address of any owner, lienholder
or mortgagee of the building through searching the county real property
records of the county in which the building is located, appraisal
district records of the appraisal district in which the building is
located, records of the secretary of state, assumed name records of
the county in which the building is located, tax records of the city,
and utility records of the city. The notice shall contain:
(1)
The name and address of the record owner;
(2)
The street address or legal description sufficient for identification
of the premises upon which the building is located;
(3)
A statement that the building official has found the building to be substandard or dangerous, with a brief and concise description of the conditions found to render the building dangerous or substandard under the provisions of section 3.05.004 above;
(4)
A statement that the owner, lienholder or mortgagee will be required
to submit at the hearing proof of the scope of any work that may be
required to comply with this article, and the time it will take to
reasonably perform the work;
(5)
Notice of the time and place of the public hearing; and
(6)
A statement that, if the building is found to be in violation of
this article, the city council may order that the building be vacated,
secured, repaired, removed or demolished within a reasonable time.
(d)
Additional notice of public hearing.
Prior to the public hearing, the city may file a copy of the notice mailed pursuant to subsection (c) in the official public records of real property in the county in which the property is located. If such notice is not filed of record, each identified mortgagee and lienholder must be notified of any abatement order issued by the city council at the public hearing, prior to any remedial action by the city.
(e)
Burden of proof.
At the public hearing, the owner, lienholder
or mortgagee has the burden of proof to demonstrate the scope of any
work that may be required to comply with this article, and the time
it will take to reasonably perform the work.
(f)
Conduct of public hearing.
At the public hearing, the
owner of the building and all other interested persons may make their
appearance and be heard. Any evidence may be received and considered
by the city council. The hearing may be adjourned from day to day
or continued upon a majority vote of the city council, in compliance
with the Open Meetings Act.
(Ordinance 01-26 adopted 9/4/01; 2001 Code, sec. 3.306)
(a)
Findings of city council.
If the city council by a majority vote finds upon evidence presented at the public hearing that the building is in violation of standards set out in section 3.05.004, the city council may order that the building be repaired, vacated, removed or demolished, secured, or the occupants relocated by the owner, mortgagee or lienholder within a reasonable time as provided herein.
(b)
Time allowed to complete work.
(1)
The order must require the owner, lienholder or mortgagee of the
building to within 30 days:
(2)
If the city council allows the owner, lienholder or mortgagee more
than thirty (30) days to repair, remove or demolish the building,
the city council shall establish specific time schedules for the commencement
and performance of the work and shall require the owner, lienholder
or mortgagee to secure the property in a reasonable manner from unauthorized
entry while the work is being performed, as determined by the city
council.
(3)
The city council may not allow the owner, lienholder or mortgagee
more than ninety (90) days to repair, remove or demolish the building
or fully perform all work required to comply with the order unless
the owner, lienholder or mortgagee:
(4)
If the city council allows the owner, lienholder or mortgagee more
than ninety (90) days to complete any part of the work required to
repair, remove or demolish the building, the city council shall require
the owner, lienholder or mortgagee to regularly submit progress reports
to the building official to demonstrate that the owner, lienholder
or mortgagee has complied with the time schedules established for
commencement and performance of the work. The order may require that
the owner, lienholder or mortgagee appear before the city council
or the building official to demonstrate compliance with the time schedules.
(c)
Contents of order.
The order of the city council must
contain at minimum:
(1)
An identification, which is not required to be a legal description,
of the building and the property on which it is located;
(2)
A description of the violation of minimum standards present in the
building;
(3)
A description of the ordered actions, including a statement that
the owner may repair, if feasible, or demolish or remove at his option;
(4)
A statement that the city will vacate, secure, remove or demolish
the building or relocate the occupants of the building if the ordered
action is not taken within the time allowed, and charge the cost to
the property;
(5)
If the city council has determined that the building will endanger
persons or property and that the building is a dwelling with 10 or
fewer dwelling units, a statement that the city may repair the building
and charge the costs to the property if the ordered action is not
taken within the time allowed.
(Ordinance 01-26 adopted 9/4/01; 2001 Code, sec. 3.307)
(a)
Order shall be mailed.
After the public hearing, the
building official shall promptly mail by certified mail, return receipt
requested, a copy of the order to the record owner of the building,
and each identified lienholder and mortgagee of the building.
(b)
Order shall be filed with city secretary.
Within ten
(10) days after the date that the order is issued by the city council,
the building official shall file a copy of the order in the office
of the city secretary.
(c)
Order shall be published.
Within ten (10) days after
the date the order is issued by the city council, the building official
shall publish in a newspaper of general circulation within the city
a notice containing:
(d)
The
order may be filed in the official public records of real property
in the county in which the property is located.
(Ordinance 01-26 adopted 9/4/01; 2001 Code, sec. 3.308)
(a)
If order not complied with, city may take action.
If
the building is not vacated, secured, repaired, removed or demolished
within the time specified by the order, the city may vacate, secure,
repair, remove or demolish the building or relocate the occupants
at its own expense; provided, however:
(1)
The city may not act to remove or demolish a building until after
the city council has found:
(A)
That such defects or conditions exist to the extent that the life,
health, property or safety of the public or the occupants of the building
is endangered; and
(B)
The building is infeasible of repair; or
(C)
There is no reasonable probability that the building will be repaired
within a reasonable period of time if additional time is given.
(2)
The city may only repair a building as provided herein to the extent
necessary to correct the conditions which render the building dangerous,
and may not act to repair a building unless:
(3)
In the event there are mortgagors or lienholders, the city may only
repair, remove or demolish the building after allowing the lienholder
or mortgagee on additional 30 days after the time prescribed in the
order has expired to complete the required work.
(b)
Posting of notice to vacate building.
If the order requires
vacation or if compliance is not had with the order within the time
specified therein, the building official is authorized to require
that the building be vacated. Notice to vacate shall be mailed by
certified mail, return receipt requested, to the occupant of the building
and it shall be posted at or upon each entrance to the building and
shall be in substantially the following form:
|
SUBSTANDARD BUILDING
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building or to remove or
deface this notice.
|
|
________________________
Building Official
City of Bridgeport
|
(c)
Remedial action by city.
Any repair or demolition work
or securing of the building shall be accomplished and the cost thereof
paid and recovered in the manner hereinafter provided. Any surplus
realized from the sale of such building, or from the demolition thereof,
over and above the cost of demolition and cleaning of the lot, shall
be paid over to the person or persons lawfully entitled thereto.
(d)
Failure to obey order.
Any person to whom an order pursuant to section 3.05.007 is directed who fails, neglects or refuses to comply with such order shall be guilty of a misdemeanor and may be prosecuted in municipal court in addition to any other remedies available to the city provided herein.
(e)
Interference prohibited.
No person shall obstruct, impede
or interfere with any officer, employee, contractor or authorized
representative of the city or with any person who owns or holds any
estate or interest in the building which has been ordered repaired,
vacated, demolished, removed or secured under the provisions of this
article, or with any person to whom such building has been lawfully
sold pursuant to the provisions of this article, whenever such officer,
employee, contractor or authorized representative of the city, person
having an interest or estate in such building, or purchaser is engaged
in the work of repairing, vacating and repairing, or demolishing,
removing or securing any such building pursuant to the provision of
this article, or in performing any necessary act preliminary to or
incidental to such work or authorized or directed pursuant to this
article.
(f)
Permits required.
Any work, closure, repair, removal
or demolition by the property owner or any lienholder or mortgagee
or their agents must be performed pursuant to valid unexpired permits
issued by the city. All permits issued pursuant to an order of the
city council shall expire upon expiration of the time for compliance
set forth in the order.
(Ordinance 01-26 adopted 9/4/01; 2001 Code, sec. 3.309)
(a)
Procedure.
When any work of repair, removal, demolition
or securing is to be performed by the city pursuant to the provisions
of any order of the city council, the work may be accomplished by
city personnel or by private contract as may be deemed necessary.
Rubble and debris shall be removed from any premises and the lot cleaned
if removal or demolition is ordered. The building or building materials
may be sold if removal or demolition is ordered, and the proceeds
shall be used to offset other costs of the work.
(b)
Costs.
The cost of such work shall be paid from city
funds and shall constitute a special assessment and a lien against
such property to secure payment thereof together with ten percent
(10%) interest on such amount from the date on which the work is performed.
(c)
Repair to minimum standards only.
The city may repair
the building at its own expense and assess the expenses on the land
on which the building stands or is attached to only to the extent
necessary to bring the building into compliance with minimum standards.
(Ordinance 01-26 adopted 9/4/01; 2001 Code, sec. 3.310)
(a)
Itemized account and notice of lien.
The building official
shall keep an itemized account of the expenses incurred by the city
in the securing, repair, removal or demolition of any building pursuant
to this article. Upon completion of the work, the building official
shall prepare and file with the city secretary a sworn account and
notice of lien containing the following information:
(1)
The name and address of the owner if that information can be determined
with a reasonable effort;
(2)
A legal description of the real property on which the building is
or was located;
(3)
The type of work performed; and
(4)
The amount of expenses incurred by the city in performing the work
and the balance due.
(b)
Notice filed in county records.
The city secretary shall
file the notice of lien along with a copy of the order of abatement
issued by the city council in the deed records of the county in which
the premises are located.
(c)
Personal obligation of property owner.
The expenses
incurred by the city as set forth in the sworn account of the building
official shall be a personal obligation of the property owner in addition
to a priority lien upon the property. The city attorney may bring
an action in any court of proper jurisdiction against the owner or
property to recover the costs incurred by the city.
(d)
Lien shall be valid and privileged.
Upon filing of the
notice of lien in the deed records of the county, the lien shall be
valid against the property so assessed. The lien shall be privileged
and subordinate only to tax liens and existing special assessment
liens and shall be paramount to all other liens. The lien shall continue
until the assessment and all interest due and payable thereon has
been paid.
(e)
Assessment must be paid.
No utility service, building
permit or certificate of occupancy shall be allowed on any such property
until the assessment is paid and such lien is released by the city.
(f)
Release of lien.
After the expenses incurred by the
city, as set forth in the sworn account of the building official,
have been fully paid with interest of ten percent (10%) per annum
from the date the work was performed, the building official shall
execute a release of lien, which shall be filed in the deed records
of the county.
(Ordinance 01-26 adopted 9/4/01; 2001 Code, sec. 3.311)
(a)
Securing of unoccupied substandard building.
Notwithstanding
any other provisions of this article, the city may secure a building
if the building official determines:
(b)
Building creating immediate danger.
Notwithstanding
any other provisions of this article, if the city council finds that
a building is likely to immediately endanger persons or property the
city council may:
(1)
Order the owner of the building, the owner’s agent or the owner
or occupant of the property on which the structure is located to repair,
remove or demolish the structure or the dangerous part of the structure,
within a specified time; or
(2)
Repair, remove or demolish the structure or the dangerous part of
the structure, at the expense of the municipality, on behalf of the
owner of the structure or the owner of the property on which the structure
is located, and assess the repair, removal or demolition expenses
on the property on which the structure was located.
(c)
Service of notice.
Before the eleventh (11th) day after the date the building is secured pursuant to subsection (a) above, or action is ordered pursuant to subsection (b)(1) above, or the building is repaired, removed or demolished pursuant to subsection (b)(2) above, the building official shall give notice to the owner by:
(1)
Personally serving the owner with written notice; or
(2)
Depositing the notice in the United States mail addressed to the
owner at the owner’s post office address; or
(3)
Publishing the notice at least twice within a ten (10) day period
in a newspaper of general circulation in the county in which the building
is located, if personal service cannot be obtained and the owner’s
post office address is unknown; or
(4)
Posting the notice on or near the front door of the building if personal
service cannot be obtained and the owner’s post office address
is unknown; and
(5)
In addition to the above, depositing notice in the United States
mail to all lienholders and mortgagees who can be determined from
a reasonable search of instruments on file in the office of the county
clerk.
(d)
Contents of notice.
The notice must contain:
(1)
An identification, which is not required to be a legal description,
of the building and the property on which it is located;
(2)
A description of the violation of the minimum standards present in
the building;
(3)
A statement that the city will secure or has secured, as the case may be, the building, or that the city has taken or will take the action ordered pursuant to subsection (b) of this section;
(4)
An explanation of the owner’s entitlement to request a hearing
about any matter relating to the city’s securing, removing,
demolishing or repairing of the building.
(e)
Hearing.
The city council shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the city’s securing, repairing, removing or demolishing of the building if, within thirty (30) days after the date the city has taken action pursuant to subsection (b)(1) or (2) of this section, the owner files with the city a written request for the hearing. The hearing shall be conducted within twenty (20) days after the date the request is filed.
(g)
Failure to comply with order.
It shall be unlawful to
fail to comply with an order issued pursuant to this section.
(Ordinance 01-26 adopted 9/4/01; 2001 Code, sec. 3.312)
(a)
Authorized.
In addition to any other enforcement authority provided for by law, the city council may, by order at an administrative hearing, assess a civil penalty against a property owner as provided for herein for failure to comply with an order issued by the city council pursuant to section 3.05.007 of this article.
(b)
Showing required.
The civil penalty may be assessed
if it shown at the administrative hearing that:
(c)
Amount of penalty.
The civil penalty may be assessed
in an amount not to exceed $1,000.00 a day for each violation or,
if the owner shows that the property is the owner’s lawful homestead,
in an amount not to exceed $10.00 a day for each violation.
(d)
Notice of administrative hearing.
Not less than ten
(10) days prior to the date on which the administrative hearing is
set, the property owner shall be sent a notice of the hearing by certified
mail/return receipt requested. The notice shall contain:
(2)
A statement that the building official has determined that the property
owner committed an act in violation of that order, or failed to take
an action necessary for compliance with that order;
(3)
A statement that at the administrative hearing the city council may
assess a civil penalty not to exceed $1,000.00 a day for each violation
or, if the owner shows that the property is the owner’s lawful
homestead, in an amount not to exceed $10.00 a day for each violation;
and
(4)
Notice of the time and place of the hearing.
(e)
Copy of order filed with district clerk.
After the civil
penalty is assessed, the city secretary shall file with the district
clerk of the county in which the property is located a certified copy
of the order assessing the civil penalty stating the amount and duration
of the penalty.
(f)
Enforcement.
The civil penalty may be enforced by the
city in a suit brought by the city in a court of competent jurisdiction
for a final judgment in accordance with the assessed penalty. A civil
penalty under this section is final and binding and constitutes prima
facie evidence of the penalty in any suit.
(Ordinance 01-26 adopted 9/4/01; 2001 Code, sec. 3.313)
Notwithstanding all other provisions of this article, nothing
herein shall be deemed a limitation on the duty of the city to summarily
order the demolition of any building or structure where it is apparent
that the immediate demolition of such building or structure is necessary
to the protection of life, property or general welfare of the people
in the city.
(Ordinance 01-26 adopted 9/4/01; 2001 Code, sec. 3.314)
