For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Dangerous structure.
Any building, residence, house, fence, shed, awning, or other
structure of any kind, or any part thereof, as well as the premises
on which it stands or is attached, that falls within the definition
of a “public nuisance” according to this section.
Public nuisance.
Any structure as described and defined as follows shall be,
and the same is, hereby declared to be a public nuisance and is unlawful:
(1)
Any building with roof, ceiling, floors, sills, or foundations,
or any combination thereof, rotted or decayed and falling apart, windows
out, uninhabitable, untenantable and unsightly, due to the obsolescence
and deterioration caused by neglect or vandalism or fire damage or
old age or exposure to the elements;
(2)
Any building in danger of falling and injuring any person or
any property of another;
(3)
Any building which is a fire menace due to its dilapidated condition
or which has an accumulation of rubbish or trash which is likely to
become a fire, or be set on fire, in and around said building and
endanger the person or property of another; or
(4)
Any building which is damp or in an unsanitary condition, which
is likely to spread or cause disease or sickness.
(1997 Code, sec. 150.15)
If the dangerous structure is inhabited at the time the notice
is served, the building inspector shall cause to be posted at each
entrance at such building a notice to read: “DO NOT ENTER, UNSAFE
TO OCCUPY, Building Inspector, City of Big Lake.” Such notice
shall bear the date of posting and remain posted until the required
repairs, demolition, or removal is completed. Such notice shall not
be removed without written permission of the building inspector, and
no person, except the building inspector or his designee, shall enter
the building except for the purpose of making the required repairs
or demolishing the building.
(1997 Code, sec. 150.18)
(a) The
city council shall give to the person or persons in charge of such
dangerous structure notice of the public hearing before the city council
regarding possible action to be taken by the city council on the inspector’s
order directing the removal or completion of the work and assessing
the cost thereof against the property.
(b) Notice
of all proceedings shall be given:
(1) By personal delivery or by certified mail, return receipt requested,
to the record owners of the affected property, and each holder of
a recorded lien against the affected property, as shown by the records
in the office of the county clerk if the address of the lienholder
can be ascertained from the deed of trust establishing the lien and/or
other applicable instruments on file in the office of the county clerk;
and
(2) To all unknown owners, by posting a copy of the notice on the front
door of each improvement situated on the affected property or as close
to the front door as practicable.
(c) The
notice must be posted and either personally delivered or mailed on
or before the 10th day before the date of the hearing and must state
the date, time, and place of the hearing. In addition, the notice
must be published in a newspaper of general circulation on one occasion
on or before the 10th day before the date fixed for the hearing.
(d) If
the person in charge of the dangerous structure shall appear before
the city council at such hearing, no further notice or notices shall
be required, but if he fails to appear, the notice of any order of
the city council made at such hearing shall be served by mailing a
copy of such order to the person in charge of the dangerous structure
at the person’s last known address by certified mail or, if
there is no last known address, by publication of a copy of such order
at least one time in a newspaper of [general circulation] in the city,
or other newspaper of general circulation.
(e) Service
of any notice shall be complete on the date which the notice is mailed
or upon the date said notice is published in the newspaper.
(f) A
notice of a hearing sent to a person in charge of any dangerous structure
shall include a statement that the person in charge 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.
(g) Any
notice served on any person in charge of a dangerous structure by
the building inspector shall include the physical address of the property,
a statement that said property is in violation of this article, the
nature of such violation, and a statement that the repair, removal,
or demolition to remedy said violation shall be commenced within ten
days of the date of notice.
(1997 Code, sec. 150.19; Ordinance
adopting Code)
Should the owner or other person in charge of such building
fail, neglect, or refuse to comply with the notice to repair, rehabilitate,
or demolish said building or structure or portion thereof, the building
inspector shall notify the city council of such act and the city council
may, after public hearing, order the completion of the work specified
in such notice or order such building or structure demolished or removed
and may cause the cost of such work to be paid and levied as a special
assessment against the property.
(1997 Code, sec. 150.21)
After the demolition or repairs have been made at the expense
of the city, a statement of the expenses shall be mailed to the person
or persons in charge of the dangerous structure. In the event the
statement shall remain unpaid for a period of 30 days, then the city
may commence an action in any court having jurisdiction to recover
the expenses assessed by the city council and for court costs and
attorneys’ fees for prosecuting the action. In addition to the
remedies set out
in this section, the city may attach a lien against the property,
unless the property is a homestead, in the amount of the expenses
incurred by the city for repairs, demolition, postage, publication
costs, recording fees, and any other costs related to the prosecution
of the matter.
(1997 Code, sec. 150.22)