Code Title XV Ch 152

CHAPTER 152: UNSAFE BUILDINGS

Section
152.02 Building Standards Commission
152.03 Unsafe buildings declared
152.04 Unsafe unoccupied buildings declared
152.05 Abatement required
152.06 Notice of violation
152.07 Hearing; correction
152.08 Notice of order
152.09 Enforcement; remedies
152.10 Securing substandard buildings
152.99 Penalty

§ 152.02 BUILDING STANDARDS COMMISSION.
(A) The City Council hereby creates a Building Standards Commission.

(B) The Building Standards Commission shall consist of a minimum of five members. The members of the Building Standards Commission shall be appointed by the City Council and shall serve terms of two
years or shall serve until a successor is appointed.

§ 152.03 UNSAFE BUILDINGS DECLARED.
All buildings or structures which are dilapidated, substandard, unsanitary, unsafe, or unfit for human habitation and a hazard to the public health, safety, and welfare of the public are declared to be unsafe
buildings. All unsafe buildings are hereby declared illegal.
(Ord. 24-51A, passed 2-8-1999) Penalty, see § 152.99

§ 152.04 UNSAFE UNOCCUPIED BUILDINGS DECLARED.
Any building or structure, regardless of structural conditions, which is unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by a vagrant or other uninvited persons as a place of harborage or could be entered or used by children, including buildings which are secured but constitute a danger to the public or are inadequately secured to prevent unauthorized entry or use of the building, are declared unsafe unoccupied
buildings. All unsafe unoccupied buildings are declared illegal.
(Ord. 24-51A, passed 2-8-1999) Penalty, see § 152.99

§ 152.05 ABATEMENT REQUIRED.
All unsafe buildings and unsafe unoccupied buildings shall be abated by repair and rehabilitation, securing, or demolition.
(Ord. 24-51A, passed 2-8-1999)

§ 152.06 NOTICE OF VIOLATION.
(A) Whenever it is determined that there are reasonable grounds to believe that a building or structure is an unsafe building declared illegal by this chapter, or an unsafe unoccupied building declared illegal by this chapter, notice of the alleged violation shall be given to the owner of the building or structure. Additionally, notice shall be given to the owner, and may also be given to the lien holder or mortgagee, of the building or structure that a public hearing will be held before the Building Standards Commission to determine whether the building is an unsafe building or unsafe unoccupied building which is declared illegal under this chapter.

(B) The notice shall contain the following information:

(1) The date, time, and location of the hearing before the Building Standards Commission; and

(2) A statement that the owner, lien holder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the chapter and the time it will take to
reasonably perform the work.

(C) Notice shall be given by personal delivery, depositing notice in the U.S. mail, publishing notice at least twice within ten days in the city’s official newspaper, or posting notice on or near the front door of the building in question if personal service cannot be obtained and if the owner’s post office address is unknown.

(D) Prior to conducting the hearing before the Building Standards Commission, the city will make an effort to locate each lien holder and mortgagee having an interest in the building or in the property upon which the building is located to give them notice of and an opportunity to comment at the public hearing.

(E) The city may file notice of hearing in the official public records of real property in the county.
(Ord. 24-51A, passed 2-8-1999)

§ 152.07 HEARING; CORRECTION.
(A) The Building Standards Commission shall hold a hearing to determine if a building or structure is an unsafe building or an unsafe unoccupied building declared illegal by this chapter.

(B) At a hearing to determine whether a building or structure is an unsafe building or unsafe unoccupied building, the Building Standards Commission shall receive information regarding the condition and occupancy of the building or structure and other information as it deems necessary to make its determination.

(C) In a public hearing to determine whether a building is an unsafe building or an unsafe unoccupied building and to determine whether the building complies with the standards adopted by the city, the owner, lien holder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to abate the unsafe condition and comply with city standards, and the time it will take to reasonably perform the work.

(D) After a public hearing, if a building is found to be an unsafe building or an unsafe unoccupied building which is in violation of the standards set forth in this chapter, the Building Standards Commission may require the owner, lien holder, or mortgagee of the building to, within 30 days, secure the building from unauthorized entry and/or to repair, remove, or demolish the building, whichever is applicable, unless the owner, lien holder, or mortgagee establishes at the hearing that the work
cannot reasonably be performed within 30 days.

(E) The Building Standards Commission may allow the owner, lien holder, or mortgagee more than 30 days to secure, repair, remove, or demolish the building. If the Building Standards Commission allows the owner, lien holder, or mortgagee more than 30 days to secure, repair, remove, or demolish the building, the Commission shall establish specific time schedules, as determined by the Commission in consultation with city building officials, for the commencement and performance of the work and
shall require the owner, lien holder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed.

(F) The Commission may not allow the owner, lien holder, or mortgagee more than 90 days to secure,
repair, remove, or demolish the building or fully perform all work required to comply with the order of the Commission unless, at the hearing, the owner, lien holder, or mortgagee submits a detailed plan and
time schedule for the work and establishes that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.

(G) If the Commission allows the owner, lien holder, or mortgagee more than 90 days to complete the work required to secure, repair, remove, or demolish the building, the Commission shall require that person to regularly submit progress reports to the appropriate city official to demonstrate that the person has complied with the time schedules established by the Commission.
(Ord. 24-51A, passed 2-8-1999)

§ 152.08 NOTICE OF ORDER.
(A) After the hearing before the Building Standards Commission, the city will mail, by certified mail, return receipt requested, a copy of the order of the Commission to the owner of the building and to any lien holder or mortgagee of the building.

(B) Within ten days after the date the order of the Commission is issued, the city will:

(1) File a copy of the order in the office of the City Secretary; and

(2) Publish, in the city’s official newspaper, a notice containing:

(a) The street address or legal description of the property;

(b) The date of the hearing;

(d) Instructions stating where a complete copy of the order may be obtained.
(Ord. 24-51A, passed 2-8-1999)

§ 152.09 ENFORCEMENT; REMEDIES.
(A) If, after the expiration of the time granted by the Building Standards Commission for the repair, removal, securing, or demolition of a building, there has not been compliance with the order of the Building Standards Commission, the city will either:

(1) Refer the illegal building to Municipal Court for criminal prosecution;

(2) Vacate, secure, remove, or demolish the building and assess the expenses against the property upon which the building is located unless it is homestead property protected by the State Constitution;

(3) Repair the building and assess the expenses on the land upon which the building stands or to which it is attached; or

(4) Assess a civil penalty against the property owner for failure to repair, remove, or demolish the building.

(B) The Commission by order may assess and recover a civil penalty against a property owner, if the city proves:

(1) The property owner was notified of the requirements of this chapter and the owner’s need to comply with the requirement; and

(2) After notification, the property owner committed an act in violation of this chapter or failed to take action necessary for compliance with this chapter.

(C) An assessment of a civil penalty under this chapter is final and binding and constitutes prima facie evidence of the penalty in any suit brought by a municipality in a court of competent jurisdiction for final
judgment in accordance with the assessed penalty.

(D) To enforce the civil penalty under this chapter, the clerk or Secretary of the municipality must file with the District Clerk of the county a certified copy of the order, stating the amount and duration of
the penalty. No other proof is required for District Court to enter final judgment on the penalty.
(Ord. 24-51A, passed 2-8-1999) Penalty, see § 152.99

§ 152.10 SECURING SUBSTANDARD BUILDINGS.
(A) The city may secure a building which the city determines violates the minimum standards set forth in city codes and is unoccupied or is occupied only by persons who do not have a right of possession to the building.

(B) Before the eleventh day after the date the building is secured pursuant to this chapter, the city will give notice to the owner of the building by the same methods provided in § 152.06(C) of this code. The
notice will contain an identification of the building and the property upon which it is located, a description of the violation of the housing code standards or ordinance that is present at the building, and a statement that the city will secure or has secured the building. The notice will also notify the owner of his or her right to request a hearing about any matter relating to the city’s securing of the building.

(C) If, within 30 days after the date the city secures the building, the owner files with the City Secretary a written request for a hearing, the Building Standards Commission will conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the city’s action in securing the building. The city may also present information. The Building Standards Commission will conduct the hearing within 20 days after the date the request is filed.

(D) After the hearing before the Building Standards Commission on the issue of securing a substandard building, or after the expiration of time allowed for the owner to request a hearing and no hearing has been requested, the city shall mail, by certified mail, return receipt requested, a copy of the order of the Commission relating to the securing of the substandard building to the owner of the building and to any lien holder or mortgagee. Within ten days after the date the order from the Building Standards

Commission is issued, the city will:

(1) File a copy of the order in the office of the City Secretary; and

(2) Publish, in the city’s official newspaper, a notice containing:

(a) The street address or legal description of the property;

(b) The date of the hearing;

(d) Instructions stating where a complete copy of the order may be obtained.

(E) The city may assess the expenses incurred to secure a building and a lien may be placed upon the
property of the building which is secured by the city unless it is homestead property protected by the State Constitution.
(Ord. 24-51A, passed 2-8-1999)

§ 152.99 PENALTY.
(A) Any person violating an order of the Building Standards Commission or the provisions of this chapter shall be deemed guilty of a misdemeanor and fined in accordance with § 10.99 of this code.

(B) Following the procedures described in § 152.09 of this code, the Commission by order may assess
and recover a civil penalty against a property owner in an amount not to exceed $1,000 per day for each violation or, if the owner shows that the property is the owner’s lawful homestead, in an amount not to exceed $10 per day for each violation.
(Ord. 24-51A, passed 2-8-1999)