§ 34-253. Procedures for repair, vacation or demolishment.

Substandard buildings or structures may be ordered to be, and pursuant to order shall be, repaired, vacated or demolished under the following conditions, regulations and procedures:

(1)

Emergency measures. When there exists an emergency as defined in this section, certain measures may be taken, notification given and procedures followed as set forth in this subsection:

a.

When it shall appear that a building or structure in the city is a substandard building or structure under the terms of this article and that such building or structure or the manner of its use constitutes an immediate and serious danger to life or property, the condition shall be deemed a hazard justifying the use of emergency measures, and the city council may order any of the following emergency measures to be taken:

1.

Immediate vacation of such building, structure or adjoining buildings or structures.

2.

Vacation of the danger area around such building or structure.

3.

Such temporary emergency shoring and bracing of walls, roofs and supports as are required to eliminate the immediate and serious threat of damage to life or property.

4.

The demolition of such walls, roofs and supports, or the entire building or structure, or so much thereof as cannot be safely braced or made secure.

5.

Post notices on or near such building or structure, notifying the public of such orders and ordering all persons to keep out of such building or structure and the surrounding areas of danger.

b.

When any of such emergency measures are ordered to be taken, notice of such order shall be given by personal service on the owner and/or occupant of the building or structure or his representative, or if such premises is unoccupied, by attaching a copy of such notice in a place of prominence on the building or structure and causing a copy of the notice to be mailed to the owner or his representative by certified mail, return receipt requested. Upon the adoption of such emergency order the city council shall schedule a public hearing and cite the owner or his representative to appear and show cause why the building or structure should not be declared a substandard building or structure and why he should not be ordered to repair, vacate or demolish the building or structure. The citation shall be served with the notice of emergency order in accordance with the provisions of this subsection (1)b. A hearing shall be conducted in accordance with the provisions of subsection (2) of this section. If such notification would create such a delay as would materially increase the hazard to life or property, then the notice need not be given.

c.

If such notice is given and the owner or his representative shall refuse or fail to carry out the orders of the city council or shall fail to carry out such order satisfactorily, then in either such event the city may proceed to carry out such orders either by private contract or by having the city perform the work, and the cost thus incurred shall constitute a valid lien against the property so repaired.

(2)

Normal procedure. Normal procedure shall be as follows:

a.

When it shall come to the attention of the city council that a building or structure in the city is substandard under the provisions of this article, the city council shall schedule a hearing and send notice to the owner of the building or structure or his representative to appear and show cause why such building or structure should not be declared to be a substandard building or structure and why he should not be ordered to repair, vacate or demolish the building or structure. The date of such hearing shall be not less than ten days after such notice shall have been made.

b.

Such notice may be served by delivery of a copy thereof to the owner and occupant, or if such premises is unoccupied, by attaching a copy of such notice in a place of prominence on such building or structure and causing a copy of such notice to be mailed to the owner or his representative by certified mail, return receipt requested.

c.

On the day set in such notice the hearing shall be conducted and on the basis of such hearing the city council shall determine whether or not the building or structure is a substandard building or structure, and shall issue such orders as shall appear reasonably necessary to prevent the building or structure from being a hazard to life or property and to eliminate the substandard qualities.

(Ord. No. 96-02, art. VI, § 4-267, 2-19-96)