(a) 
Any person who shall willfully refuse or fail to carry out any valid order of the building standards commission, or to leave a building which has been ordered vacated under the terms of this article or who shall enter an area around such building that has been declared to be dangerous and notice of which declaration shall have been posted, and/or any person who shall interfere with or hinder the vacation, repair or demolition of any building under the terms of this article or any person who shall violate any provision of this article shall be deemed guilty of a misdemeanor.
(b) 
In case the owner or occupant of any substandard building ordered vacated, repaired, or demolished under the terms of this article is a corporation, and violates any provision of this article, the president, vice-president, secretary, treasurer of such corporation or any manager, agent or employee of such corporation shall be also severally liable for the penalties provided for a violation of this Code.
(Ordinance 120, sec. VIII, adopted 9/8/75; Ordinance 178, sec. 5, adopted 11/7/83)
Neither the city nor any authorized agent acting under the terms of this article shall be liable or have any liability by reason of orders issued or work done in compliance with the terms of this article.
(Ordinance 120, sec. VI, adopted 9/8/75)
All buildings or structures which have any or all of the following defects or lack of facilities shall be deemed substandard buildings:
(1) 
All buildings or structures that have become deteriorated through natural causes or by damage through exposure to the elements, especially wind, hail or rain or damage through fire, to the extent that the roof, windows and doors or portions of the house, building, or structure which protect from the weather will no longer reasonably protect from the weather.
(2) 
All buildings or structures which constitute or in which are maintained fire hazards.
(3) 
All buildings or structures which are so structurally deteriorated that they are in danger of collapse or which cannot be expected to withstand the reasonably anticipated storms and/or hurricanes.
(4) 
All buildings or structure undergoing current new construction or repairs where the new construction or repairs are not in conformity with the current city building code.
(5) 
All buildings or structures so constructed or permitted to be so constructed as to constitute a menace to health or safety including all conditions conducive to the harboring of rats or mice or other disease carrying animals or insects reasonably likely to spread disease, and including such conditions hazardous to safety as inadequate bracing or the use of deteriorated materials.
(Ordinance 120, sec. I, adopted 9/8/75; Amd. adopted 10/7/96)
All substandard buildings or structures within the terms of this article which shall constitute a menace to the health, morals, safety, or general welfare of its occupants or of the public are declared to be public nuisances and shall be ordered to be vacated, repaired, or demolished as provided in this article.
(Ordinance 120, sec. II, adopted 9/8/75)
(a) 
Creation, composition.
There is hereby created a building standards commission to be composed of at least five (5) members, each of whom shall be a resident of the city.
(b) 
Term, qualifications of members.
The members shall hold office for a period of two (2) years, or until their successors are appointed. A vacancy shall be filled for the unexpired term. Alternate members may also be appointed to serve in the absence of a regular member. Alternate members shall serve for the same period as regular members. A vacancy shall be filled in the same manner as for a regular member. As near as practical all members and alternates shall be qualified in one (1) or more of the fields of fire prevention, building construction, sanitation, health and public safety.
(c) 
Ex officio member.
In addition to such five (5) or more members and alternate members, the fire marshal, the building inspector, and the health officer shall be ex officio nonvoting members of such building standards commission.
(d) 
Inspections, reports.
It shall be the duty of the ex officio members of such commission to inspect all buildings or structures reported to be or believed to be substandard and to present a report of such inspection to the building standards commission, which commission shall, except in cases of emergency as set forth in this article, notify the proper party of the intention of such commission to hold its hearing and follow the procedure provided in this article.
(e) 
Commission meetings.
Meetings of the commission shall be held at the call of the chairman of the commission or at other times as the commission shall determine. A majority of the regular members of the commission shall constitute a quorum for a meeting and may hear all cases before the commission. If a quorum of regular members is not available, an alternate member or alternate members may be included to constitute a quorum for a meeting.
(Ordinance 120, sec. III, adopted 9/8/75; Ordinance 385, sec. 1, adopted 4/7/10)
The following standards may be followed in substance by the building standards commission in ordering repair, vacation or demolition:
(1) 
If the substandard building or structure can reasonably be repaired so that it will no longer be in a condition which is in violation of the terms of this article it shall be ordered repaired.
(2) 
If the substandard building or structure is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants or of the public it shall be ordered to be vacated.
(3) 
In any case where a building or structure cannot be repaired so that its existence will no longer be in violation of the terms of this article it shall be demolished.
(Ordinance 120, sec. V, adopted 9/8/75; Amd. adopted 10/7/96)
Substandard buildings or structures may be ordered to be and shall be vacated, repaired, or demolished under the following conditions, regulations, and procedure:
(1) 
Emergency measures:
When there exists an emergency as defined in paragraph (1) a, certain measures may be taken, notification given and procedure followed as in this subsection set forth.
a. 
When it shall appear that a building or structure in the city is a substandard building under the terms of this article and that such building or structure or the manner of its use constitutes an immediate and serious danger to life or property, the condition shall be deemed a condition justifying the use of emergency measures, and such commission or a majority of the commissioners may, with the consent and approval of the mayor, order any of the following emergency measures to be taken:
1. 
Immediate vacation of such building, structure, and/or adjoining buildings or structures;
2. 
Vacation of the danger area around such buildings or structures;
3. 
Such emergency shoring-up and bracing of walls, roofs, and supports as are required to render such building or structure safe;
4. 
After a public hearing, as provided in this section, the destruction of such walls, roofs and supports or the entire structure or so much thereof as cannot be braced or made secure with safety;
5. 
The posting of notices on or near such building or structure notifying the public of such orders and ordering all persons to keep out of such building or structure and the areas of danger surrounding it.
b. 
When any of the above-mentioned measures are ordered to be taken, notice of such order shall be given as follows:
1. 
Such order shall be directed to the owner of such substandard building or structure or his authorized representative if the same shall be known. Where notification can be accomplished without increasing the danger to life or property, notice shall be given by personal service on the owner of the building or structure or his representative.
2. 
Such order shall specify a reasonable time for compliance considering the circumstances.
3. 
If such notification would create such a delay as would materially increase the danger of life or property, then such notice need not be given.
c. 
If such notification is unnecessary or if such notice is given and the owner or his representative shall refuse or fail to carry out the orders of the building standards commission within the time specified in the order or shall fail to carry out such order satisfactorily, then, in either event the building standards commission, upon approval of the mayor, may proceed to carry out such orders either by private contract or through an agency of the city, and the cost thus incurred shall constitute a valid lien against the property so repaired.
(2) 
Normal procedure.
Where an emergency does not exist, the following steps may be taken in the condemnation of a substandard building:
a. 
When it shall come to the notice of the building standards commission that a building or structure in the city is substandard under the terms of this article, the commission may cite the owner of such building or structure or his authorized agent or representative to appear and show cause at a public hearing why such building should not be declared to be a substandard building and why he should not be ordered to vacate, repair, or destroy such building or structure. The date of such hearing shall be not less than ten (10) days after such citation shall have been made.
b. 
Such citation may be served by delivery of a copy thereof to the owner or the person in possession or if such premises be unoccupied, by attaching a copy of such citation in a place of prominence on such building or structure.
c. 
On the day set in such citation for hearing, the hearing shall be had and on the basis of such hearing the building standards commission shall determine whether or not such building or structure is a substandard building or structure then, in that event, the building standards commission shall issue such orders as shall appear reasonably necessary to prevent the building or structure from being a hazard to life or property and to eliminate the building’s or structure’s substandard qualities.
d. 
All orders of the building standards commission shall specify a reasonable time for compliance considering all circumstances.
(3) 
Appeals.
a. 
The owner of any substandard building or structure, or his authorized representative may appeal from the decision of the building standards commission by giving notice thereof within ten (10) days from the date of the hearing and shall file with the city tax assessor-collector a fee of one hundred dollars ($100.00). Such appeal shall be to the city council and upon the perfection of appeal, the city council shall set a date for hearing before it and such appeal shall be by trial de novo.
b. 
Pending appeal, such orders of the building standards commission as shall require vacation of the alleged substandard building or structure or such emergency measures as may have been ordered shall remain in effect, but all other orders of the commission shall be suspended in their operation.
(Ordinance 120, sec. IV, adopted 9/8/75; Ordinance 385, sec. 2, adopted 4/7/10)
It shall be the duty of the city attorney to enforce the orders of the building standards commission or the city council, upon appeal, by filing action in the appropriate court of this state, when so authorized by the city council.
(Ordinance 120, sec. VII, adopted 9/8/75)