Unsafe buildings. The city may, by ordinance,
hereafter order the vacation, relocation of occupants, securing, repair,
removal or demolition of a building or structure that is:
(1) Dilapidated,
substandard, or unfit for human habitation;
(2) A
hazard to the public health, safety and welfare;
(3) Regardless
of its structural condition, unoccupied by its owners, lessees, or
invitees and is unsecured from unauthorized entry to the extent that
it could be entered by vagrants or other uninvited persons as a place
of harborage or could be entered or used by children; or
(4) Boarded
up, fenced, or otherwise secured in any manner if:
(A) The building constitutes a danger to the public even though secured
from entry; or
(B) The means used to secure the building are inadequate to prevent unauthorized
entry or use of the building in the manner described by subsection
(3) of this section.
For purposes of this article, such a building or structure is
referred to as an “unsafe building.”
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(2001 Code, sec. 150.70)
In order to establish minimum standards for the continued use
and occupancy of all buildings, it is hereby declared that any one
or more of the following conditions are prohibited:
(1) Any
building with roof, ceiling, floor, seal, or foundation, or any combination
thereof, which is damaged, rotted or decayed;
(2) Any
building with windows out;
(3) Any
building deteriorated by neglect, vandalism, fire damage, aging, or
the elements;
(4) Any
building in danger of falling and injuring any person or property;
(5) Any
building that is a fire menace by virtue of an accumulation of trash,
rubbish, or debris or other combustible material;
(6) Any
building which, by virtue of abandonment or neglect, is likely to
attract children or transients;
(7) Any
building that is damp or in an unsanitary condition and is likely
to cause disease and sickness;
(8) Any
building that is likely to provide breeding places and habitat for
snakes, rats, mice, and other vermin which are detrimental to the
public health.
(2001 Code, sec. 150.71)
If the building is not vacated, secured, repaired, removed,
or demolished, or the occupants are not relocated, within the allotted
time, the city may vacate, secure, remove, or demolish the building,
or relocate the occupants, at its own expense.
(2001 Code, sec. 150.74)
The requirements to make a diligent effort, to use its best
efforts, or to make a reasonable effort to determine the identity
and address of an owner, a lienholder, or a mortgagee are satisfied
if the city searches the following records:
(1) County
real property records of the county in which the building is located;
(2) Appraisal
district records of the appraisal district in which the building is
located;
(3) Records
of the secretary of state;
(4) Assumed
name records of the county in which the building is located;
(5) Tax
records of the city; and
(6) Utility
records of the city.
(2001 Code, sec. 150.76)
If the city council finds that a building, bulkhead or other
method of shoreline protection, fence, shed, awning, or other structure,
or part of a structure, is likely to endanger persons or property,
the city council may:
(1) Order
the owner of the structure, 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 part of the structure, within
a specified time; or
(2) Repair,
remove, or demolish the structure, or a part of the structure, at
the expense of the city, 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.
(2001 Code, sec. 150.79)