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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(Ordinance 2016-12-15A adopted 12/15/16; 2014 Code, sec. 90.70)
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 failing [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.
(Ordinance 2016-12-15A adopted 12/15/16; 2014 Code, sec. 90.71)
(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
4.03.002. 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.
(Ordinance 2016-12-15A adopted 12/15/16; 2014 Code, sec. 90.72)
(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 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.
(Ordinance 2016-12-15A adopted 12/15/16; 2014 Code, sec. 90.73)
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.
(Ordinance 2016-12-15A adopted 12/15/16; 2014 Code, sec. 90.74)
(a) If the city incurs expenses under section
4.03.005 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;
(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 section, 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 subsection. 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 guaranty
from a third party approved by the municipality. The bond must be
posted or a letter of credit or third party guaranty provided not
later than the 3rd 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.
(Ordinance 2016-12-15A adopted 12/15/16; 2014 Code, sec. 90.75)
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.
(Ordinance 2016-12-15A adopted 12/15/16; 2014 Code, sec. 90.76)
(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 twenty (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
4.03.004(c) [4.03.006]. A lien is created under this section in the same manner that a lien is created under section
4.03.004(c) [4.03.006]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.
(Ordinance 2016-12-15A adopted 12/15/16; 2014 Code, sec. 90.77)
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.
(Ordinance 2016-12-15A adopted 12/15/16; 2014 Code, sec. 90.78)