The following words and phrases shall have the meanings ascribed
to them, unless otherwise noted:
means:
Any building or other structure: (a) Situated within the fire
limits of the city; (b) of wood frame construction; and (c) so constructed
as to more than ordinarily endanger the safety of persons therein
in cases of fire, or so situated as to more than ordinarily endanger
other buildings or property in the vicinity in case of fire, or so
constructed or situated as to render the same peculiarly susceptible
to fire from within or without; or
Any building or other structure in the city which, by reason
of rot, weakened joints, walls, floors, underpinning, roofs, ceilings,
insecure foundation or other cause, has become so dilapidated or deteriorated
as to endanger the safety of persons either in or nearby; or
Any building or other structure in the city which is found by
the board of condemnation to be in such condition, whether from usage,
neglect, want of repair, or other cause, as to be unfit or unsafe
for habitation or use, or unsanitary, or so as to endanger or injure
neighboring property or the health or welfare of residents of the
vicinity, whereby such building or structure has become, or is declared
to be, a public nuisance.
means the holder of the record title in all recorded interests
therein on the day upon which the notice of hearing is issued.
(Prior code § 3-7)
The board of condemnation of the city is created and shall consist
of the health officer, permit services administrator and the fire
chief.
(Prior code § 3-8)
A.
The
board of condemnation is granted the power, after hearing, to find
and determine whether any building or other structure constitutes
a menace to public health or public safety. Such board may, as part
of the hearing, inspect such building or structure, and the facts
observed by such board at such inspection shall constitute facts upon
which it may base its findings.
B.
Notice
of the hearing shall be given by the board by posting in a conspicuous
place on the building at least 10 days prior to the date of hearing
a notice directed to all persons having or claiming any interest in
the building, designating the building sought to be condemned, the
grounds therefor, and the time and place of hearing. A copy of such
notice shall be sent by registered mail at least 10 days prior to
such hearing to each owner at his or her last-known address, or, if
such address cannot, after due diligence, be ascertained then to the
owner at the city.
C.
Upon
recommendation of the board of condemnation, the city manager is empowered
to employ such technical experts as may be necessary from time to
time.
(Prior code § 3-9)
Whenever the board of condemnation shall have determined that
a building constitutes a menace to public safety or public health
it shall thereupon find and determine what repairs or alterations
are necessary or whether the total destruction of such building is
necessary, in order that such building shall not constitute a menace
to public safety or public health. Such board shall also determine
and find the length of time necessary to complete such repairs, alterations
or destructions, such time to begin to rule upon service of findings,
and the board may for good cause extend such time for not to exceed
30 days.
(Prior code § 3-10)
The findings of the board of condemnation shall be in writing
and shall be served upon the owner personally, and if after due diligence
the owner cannot be found, shall in lieu thereof be posted for 10
days in a conspicuous place on the building.
(Prior code § 3-11)
No owner of any building which has been found by the board of condemnation to constitute a menace to public health or public safety shall fail, after service of findings as provided in section 2.44.050 of this chapter, to destroy, alter or repair such building in accordance with the findings of the board and within the time allowed by the board; provided, that such owner has the legal power to so destroy, alter or repair such building and it shall be unlawful and similarly punishable for any owner after he or she has received the notice of hearing above provided to disable himself or herself from destroying, altering or repairing such building. Each day's failure to so alter, destroy or repair such building shall constitute a distinct and separate offense.
(Prior code § 3-12)
Any person aggrieved by any ruling or act of the board of condemnation may appeal to the council within the time and in the manner provided in chapter 2.88.
(Prior code § 3-13)
A.
Every
building constituting a menace to public health or public safety as
the same is defined in this chapter is declared to be a public nuisance.
Any such nuisance may be abated summarily or by civil action.
B.
Every
building found by the board of condemnation to constitute a menace
to public health or public safety shall, if not destroyed, altered
or repaired within the time allowed by and in accordance with the
findings of the board, be deemed and every building is declared to
be a public nuisance, and every such nuisance may be abated summarily
or by civil action.
(Prior code § 3-14)
