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.”
(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)
(a) 
The city shall notify the owner, or his authorized agent or representative, lienholder, or mortgagee, of any unsafe building to appear for a public hearing and show cause why such building shall not be declared to be an unsafe building and why the owner should not be ordered to vacate, secure, repair, remove or demolish. The date of such hearing shall be not less than ten (10) days after such citation shall have been made. The citation must include 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.
(b) 
Such citation may be served by delivery thereof to the owner, or the person in possession, or, if such premises are unoccupied, by attaching a copy of such citation in a place of prominence on such building or structure.
(c) 
At the hearing, the city council shall determine whether or not such building or structure violates the standards of section 3.04.002. If determined to be unsafe, the city council shall order that the building be vacated, secured, repaired, removed, or demolished. The city council shall generally follow these guidelines:
(1) 
If the unsafe building can be reasonably repaired so that it will no longer be unsafe or dangerous as above defined, it shall be ordered repaired.
(2) 
If the unsafe building is of imminent danger to the health, morals, safety or general welfare of its occupants or of the public, it shall be ordered to be vacated.
(3) 
If the unsafe building is fifty percent (50%) damaged or decayed, it shall be removed or demolished, and in all cases where a building cannot be repaired so that its existence will no longer be dangerous or unsafe, it shall be demolished and cleared or removed.
(2001 Code, sec. 150.72)
(a) 
If the owner does not take the ordered action within the allotted time, the city shall make a diligent effort to discover each mortgagee and lienholder having an interest in the building or in the property on which the building is located. The city shall send to each identified mortgagee and lienholder a notice containing:
(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 municipal standards that is present at the building; and
(3) 
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 a reasonable time.
(b) 
As an alternative to the procedure prescribed by subsection (a) of this section, the city may make a diligent effort to discover each mortgagee and lienholder before conducting the public hearing and may give them a notice of an opportunity to comment at the hearing. In addition, the city may file notice of the hearing in the official public records of real property in the county in which the property is located. The notice must contain the name and address of the owner of the affected property if that information can be determined, a legal description of the affected property, and a description of the hearing. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing of the notice, and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice.
(c) 
If the city operates under this section, the order issued by the city may specify a reasonable time for the building to be vacated, secured, repaired, removed, or demolished by the owner or for the occupants to be relocated by the owner and an additional reasonable time for the ordered action to be taken by any of the mortgagees or lienholders in the event the owner fails to comply with the order within the time provided for action by the owner. Under this section, the city is not required to furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the owner fails to timely take the ordered action.
(2001 Code, sec. 150.73)
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)
(a) 
If the city incurs expenses under section 3.04.005, the city may assess the expenses on, and the city has a lien against, unless it is a homestead as protected by the state constitution, the property on which the building was located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county clerk in the county in which the property is located. The notice must contain the name and address of the owner, if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the city and the balance due.
(b) 
If the notice is given and the opportunity to repair, remove, or demolish the building is afforded to each mortgagee and lienholder, as authorized in previous sections, the lien is a privileged lien subordinate only to tax liens.
(c) 
Within ten (10) days after the date that the order is issued, the city shall:
(1) 
File a copy of the order in the office of the municipal secretary or clerk; and
(2) 
Publish in a newspaper of general circulation in the city a notice containing:
(A) 
The street address or legal description of the property;
(B) 
The date of the hearing;
(C) 
A brief statement indicating the results of the order; and
(D) 
Instructions stating where a complete copy of the order may be obtained.
(d) 
After the hearing, the city shall promptly mail by certified mail, return receipt requested, a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. The city shall use its best efforts to determine the identity and address of any owner, lienholder, or mortgagee of the building. If a notice is mailed according to this subsection 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.
(e) 
In conducting a hearing authorized under this article, the city shall require the owner, lienholder, or mortgagee of the building within 30 days to:
(1) 
Secure the building from unauthorized entry; or
(2) 
Repair, remove, or demolish the building, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days.
(f) 
If the city allows the owner, lienholder, or mortgagee more than 30 days to repair, remove, or demolish the building, the city 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 hearing official.
(g) 
The city may not allow the owner, lienholder, or mortgagee more than 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:
(1) 
Submits a detailed plan and time schedule for the work at the hearing; and
(2) 
Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.
(h) 
If the city allows the owner, lienholder, or mortgagee more than 90 days to complete any part of the work required to repair, remove, or demolish the building, the city shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the city 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 mayor or the mayor’s designee to demonstrate compliance with the time schedules. If the owner, lienholder, or mortgagee owns property, including structures or improvements on property, within the city boundaries that exceeds $100,000.00 in total value, the city may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing a building under this section. In lieu of a bond, the city may require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or a guarantee from a third party approved by the municipality. The bond must be posted or a letter of credit or third party guarantee provided not later than the 30th day after the date the city issues the order.
(i) 
In a public hearing to determine whether a building complies with the standards set out in this article, 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.
(j) 
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. 150.75)
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)
(a) 
The city, by ordinance, may establish minimum standards for the use and occupancy of buildings in the city regardless of the date of their construction.
(b) 
The city may secure a building the city determines:
(1) 
Violates the minimum standards; and
(2) 
Is unoccupied or is occupied only by persons who do not have a right of possession to the building.
(c) 
Before the 11th day after the date the building is secured, the city shall give notice to the owner by:
(1) 
Personally serving the owner with written notice;
(2) 
Depositing the notice in the United States mail addressed to the owner at the owner’s post office address;
(3) 
Publishing the notice at least twice within a 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.
(d) 
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 city standards that is present at the building;
(3) 
A statement that the city will secure or has secured, as the case may be, the building; and
(4) 
An explanation of the owner’s entitlement to request a hearing about any matter relating to the city’s securing of the building.
(e) 
The city 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 of the building if, within 30 days after the date the city secures the building, the owner files with the city a written request for the hearing. The city shall conduct the hearing within 20 days after the date the request is filed.
(f) 
A city has the same authority to assess expenses under this section as it has to assess expenses under section 3.04.006(c). A lien is created under this section in the same manner that a lien is created under section 3.04.006(c) and is subject to the same conditions as a lien created under that section.
(g) 
Authority to act under this section is in addition to action(s) authorized in other sections of this article.
(2001 Code, sec. 150.77)
(a) 
After the expiration of the time allotted under section 3.04.003 and section 3.04.006 for the repair, removal, or demolition of a building, the city may:
(1) 
Repair the building at the expense of the city and assess the expenses on the land on which the building stands or to which it is attached; or
(2) 
Assess a civil penalty against the property owner for failure to repair, remove, or demolish the building.
(b) 
The city may repair a building under subsection (a) of this section only to the extent necessary to bring the building into compliance with the minimum standards, and only if the building is a residential building with ten (10) or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds minimum housing standards.
(c) 
The city shall impose a lien against the land on which the building stands or stood, unless it is a homestead as protected by the state constitution, to secure the payment of the repair, removal, or demolition expenses or the civil penalty. Promptly after the imposition of the lien, the city must file for record, in recordable form in the office of the county clerk of the county in which the land is located, a written notice of the imposition of the lien. The notice must contain a legal description of the land.
(d) 
Except as provided by section 3.04.006, the city’s lien to secure the payment of a civil penalty or the costs of repairs, removal, or demolition is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the city’s lien is attached if the mortgage lien was filed for record in the office of the county clerk of the county in which the real property is located before the date the civil penalty is assessed or the repair, removal, or demolition is begun by the city. The city’s lien is superior to all other previously recorded judgment liens.
(e) 
Any civil penalty or other assessment imposed under this section accrues interest at the rate of 10 percent a year from the date of the assessment until paid in full.
(f) 
The city’s right to the assessment lien may not be transferred to third parties.
(g) 
In any judicial proceeding regarding enforcement of city rights under this section, the prevailing party is entitled to recover reasonable attorney’s fees from the nonprevailing party.
(h) 
A lien acquired under this section by a city for repair expenses may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead by a person 65 years of age or older.
(i) 
The city by order may assess and recover a civil penalty against a property owner at the time of an administrative hearing on violations of this article, 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, if the city proves:
(1) 
The property owner was notified of the requirements of this article and the owner’s need to comply with the requirements; and
(2) 
The property owner committed an act in violation of this article or failed to take an action necessary for compliance with this article.
(j) 
An assessment of a civil penalty under subsection (i) of this section is final and binding and constitutes prima facie evidence of the penalty in any suit brought by a city in a court of competent jurisdiction for a final judgment in accordance with the assessed penalty.
(k) 
To enforce a civil penalty under this section, the clerk or secretary of the city must file with the district clerk of the county in which the city is located a certified copy of an order issued under subsection (i) of this section stating the amount and duration of the penalty. No other proof is required for a district court to enter a final judgment on the penalty.
(2001 Code, sec. 150.78)
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)