§ 5-109. Conditions, regulations and procedure generally.

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

(1)

When it shall come to the notice of the buildings hazard board that a building or structure is substandard within the terms of the Standard Building Code, said board may cite the owner of such building or structure, or his authorized agent or representative, to appear and show cause why such building or structure shall not be declared to be a substandard building or structure and why he should not be ordered to vacate, repair, remove or demolish and clear such building or structure. The date of such hearing shall not be less than ten (10) days after such citation shall have been made.

(2)

Such citation may be served by delivery of a copy thereof to the owner or the person in possession, or if such premises are unoccupied, by attaching a copy of such citation in a place of prominence on such building or structure.

(3)

On the date set in such citation for hearing, a hearing shall be had and on a basis of such hearing the buildings hazard board shall determine whether or not such building or structure is a substandard building or structure, and then, in that event, the buildings hazard board shall issue such recommendations as shall appear reasonably necessary to prevent the building or structure from being a hazard to life or property and to eliminate the building or structure's substandard qualities.

(4)

The recommendations of the buildings hazard board shall be forwarded to the city council. Unless the decision of the buildings hazard board is appealed as provided below, the city council shall act upon such recommendations at its next scheduled meeting, provided such meeting is scheduled for at least ten (10) days after the date the recommendations of the buildings hazard board are submitted in writing to the city council. Should the first scheduled meeting of the city council be scheduled for a date less than ten (10) days from the date of such recommendations, the next following scheduled meeting shall be the time such recommendations are considered.

(5)

The owner of any substandard building or structure, or his authorized representative, may appeal from the decision of the buildings hazard board by giving notice thereof within ten (10) days from the date of said hearing and filing with the city tax assessor and collector a fee of ten dollars ($10.00). Such appeal shall be to the city council, and upon perfection of appeal, the city council shall set a date, not less than ten (10) days after receipt of the notice of appeal, for a hearing before it, and such appeal shall be by trial de novo.

(6)

Pending a final decision by the city council, no action shall be taken in regard to the alleged substandard structure except in cases of emergency (those, in the opinion of the buildings hazard board, involving imminent danger to human life or health), in which cases the buildings hazard board shall promptly, without necessity of hearing, cause such building, structure or portion thereof to be made safe or removed. For this purpose, the building official may at once enter such structure, or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He may vacate adjacent structures and protect the public by appropriate fence or such other means as may be necessary and for this purpose may close a public or private way.

(Ord. of 2-20-78, § 1)