The Code Official may order the owner of premises
upon which is located any structure or part thereof which, in the
Code Official's judgment, is so old, dilapidated or has become so
out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human habitation, occupancy or use and so that it would
be unreasonable to repair the same to raze and remove such structure
or part thereof; or if it can be made safe by repairs, to repair and
make safe and sanitary or to raze and remove at the owner's option;
or where there has been a cessation of normal construction of a structure
for a period of more than two years, to raze and remove such structure
or part thereof.
Whenever the Code Official determines that the
cost of such repairs would exceed 100% of the current value of such
structure, such repairs shall be presumed unreasonable, and it shall
be presumed for the purpose of this section that such structure is
a public nuisance which may be ordered razed without option on the
part of the owner to repair.
The order shall specify a time in which the
owner shall comply therewith and specify repairs, if any. It shall
be served on the owner of record or an agent where an agent is in
charge of the building and upon the holder of any encumbrance of record
in the manner provided for service of a summons by a court of record.
If the owner or a holder of an encumbrance of record cannot be found,
the order may be served by posting it on the main entrance of the
building and by publishing it once each week for three successive
weeks in a newspaper authorized to provide service by publication.
Anyone affected by any such order may, within
10 business days after service of such order, apply to a court of
record for an order restraining the Code Official from razing and
removing such structure or parts thereof.
Whenever the owner of a property fails to comply
with a demolition order within the time prescribed, the Code Official
shall cause the structure or part thereof to be razed and removed,
either through an available public agency or by contract or arrangement
with private persons, and the cost of such razing and removal shall
be charged against the real estate upon which the structure is located
and shall be a lien upon such real estate.
When any structure has been ordered razed and
removed, the governing body or other designated officer under said
contract or arrangement aforesaid may sell the salvage and valuable
materials at the highest price obtainable. The net proceeds of such
sale, after deducting the expenses of such razing and removal, shall
be promptly remitted with a report of such sale or transaction, including
the items of expense and the amounts deducted, for the use of the
person who may be entitled thereto, subject to any order of a court.
If such a surplus does not remain to be turned over, the report shall
so state.