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 which do not have the number of water closets, urinals and lavatories required by the plumbing ordinance of the city, or which have pit privies where the same are not permitted by law, or which are not connected to the city sewer when required by law, or where inadequate and unsanitary pit privies or septic tanks are maintained.
(2) 
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 building is fifty (50) percent or more damaged, or 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.
(3) 
All buildings or structures which constitute or in which are maintained fire hazards, as that term is defined in any fire prevention ordinances adopted by the city.
(4) 
All buildings or structures which are so structurally deteriorated that they are in danger of collapse, or which cannot be expected to withstand reasonably anticipated storms and wind.
(5) 
All buildings or structures not constructed in conformity with the electrical code of the city, as the same now exists or as hereafter amended.
(6) 
All buildings or structures not constructed in conformity with the city building code, as the same now exists or as hereafter amended.
(7) 
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 calculated to spread disease, and including such conditions hazardous to safety as inadequate bracing or the use of deteriorated materials.
(1987 Code, ch. 3, sec. 12A; 2001 Code, sec. 3.1101)
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 hereinafter provided.
(1987 Code, ch. 3, sec. 12C; 2001 Code, sec. 3.1103)
Substandard buildings and dilapidated or unsafe structures may be ordered to be and shall be vacated, repaired or demolished under the following conditions, regulations and procedures:
(1) 
Whenever the building official shall find any building or structure or portion thereof to be substandard, unsafe or dilapidated as defined in this article, he shall give the owner, agent or person in control of such building or structure written notice, by certified or registered mail, stating the defects thereof. Such notice shall require the owner, within a stated time, either to complete specified repairs or to demolish and remove the building or structure or portion thereof. Said notice shall cite said owner of such building or structure, or his authorized agent or representative, to appear before the city council at a public hearing and show cause 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 the hearing shall not be less than ten (10) days after service of the citation.
(2) 
If necessary, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs are completed, inspected and approved by the building official. The building official shall cause to be posted at each entrance to such building a notice stating: “This Building is Unsafe and Its Use or Occupancy Has Been Prohibited by the Building Official.” Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation, or their agents or other servants, to remove such notice without written permission of the building official, or for any person to enter the building except for the purpose of making the required repairs or of demolishing same.
(3) 
If the owner, agent or person in control cannot be found within the stated time limit, or if such owner, agent or person in control shall fail, neglect or refuse to comply with the notice to repair, rehabilitate, or to demolish and remove such building or structure or portions thereof, the building official, after having ascertained the cost, shall cause such building or structure or portions thereof to be demolished, secured or to remain vacant.
(4) 
Before the eleventh day after the date the building is secured or action is ordered, or the building is repaired, removed or demolished, the building official shall give notice to the owner by:
(A) 
Personally serving the owner with written notice; or
(B) 
Depositing the notice in the United States mail addressed to the owner at the owner’s post office address; or
(C) 
Publishing the notice at least twice within a ten-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
(D) 
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
(E) 
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. If the required notice is mailed and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice shall be deemed as delivered.
(1987 Code, ch. 3, sec. 12D; Ordinance adopting 2001 Code; 2001 Code, sec. 3.1104; Ordinance adopting 2020 Code)
(a) 
The owner, agent or person in control shall have the right, except in cases of emergency, to appeal from the decision of the building official, as provided hereinafter, and to appear before the city council at a specified time and place to show cause why he should not comply with said notice.
(b) 
The decision of the building official shall be final in cases of emergency which, in his opinion, involve imminent danger to human life or health. He shall promptly cause such building, dangerous structure or portion thereof to be made safe or cause its removal. For this purpose he may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He may order the evacuation of adjacent structures and may require the protection of the public by appropriate fences or such other means as necessary, and for this purpose may close a public or private right-of-way.
(1987 Code, ch. 3, sec. 12E; 2001 Code, sec. 3.1105; Ordinance adopting 2020 Code)
The following standards may be followed by the city council and appeals in making decisions and ordering repairs, evacuations and demolition:
(1) 
If the substandard building or structure can be reasonably 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 to the public, it shall be ordered to be vacated.
(3) 
In any case where a substandard building or structure is fifty (50) percent damaged, decayed or in a state of dilapidation due to lack of maintenance, it shall be demolished; and in all cases where a building cannot be repaired so that its existence will no longer be in violation of the terms of this article it shall be demolished, removed and the lot cleaned. The city shall have the power to demolish and remove said buildings and structures at the expense of the owner of the property or premises and assess the expenses on the land on which it stood or to which it was attached, and shall provide for such assessment, the mode and manner of giving notice and the means of recovering such expenses. If the city has to demolish and clean said lot, it shall not relieve the owner from prosecution for failure to comply with the provisions as set forth in any part of this article.
(1987 Code, ch. 3, sec. 12F; 2001 Code, sec. 3.1106; Ordinance adopting 2020 Code)
It shall be the duty of the city attorney to enforce the orders of the city council or the building official, upon appeal, by filing action in the appropriate court of the state when so authorized by the city council.
(1987 Code, ch. 3, sec. 12G; 2001 Code, sec. 3.1107; Ordinance adopting 2020 Code)
Any person who shall willfully refuse or fail 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 any person who shall interfere with or hinder the vacation, repair, or demolition of any building under the terms of this article, shall be deemed guilty of a misdemeanor and shall be subject to a fine in accordance with the general penalty provision as set forth in section 1.01.009 of this code, and each and every day’s violation shall constitute a separate and distinct offense. In case the owner or occupant of any substandard building or structure ordered vacated, repaired or demolished under the terms of this article shall be a corporation, and shall violate any provision of this article, the president, vice-president, and treasurer of such corporation or any manager, agent, or employee of such corporation shall also be severally liable for the penalties herein provided.
(1987 Code, ch. 3, sec. 12H; 2001 Code, sec. 3.1108)