§ 5-1-62. Determination and order by the building official; service of order.

If, after notice and hearing, the building official determines that the building under consideration is unfit for human occupancy or habitation, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order requiring repair, alteration, improvements or removal pursuant to this section.

(a)

Repair, alteration, improvement . If the repair, alteration or improvement of the building, as determined by the building official, can be made at a cost that is less than 50 percent of the tax value, the owner, within the time specified in the order, shall repair, alter or improve such building to render it fit for human occupancy and/or habitation or to vacate and close the building.

(b)

Removal . If the repair, alteration or improvement of the building, as determined by the building official, is 50 percent or more in relation to the value of the building, as determined by the tax value, the owner, within the time specified in the order, shall remove or demolish such building.

(c)

Failure to comply . That, if the owner fails to comply with an order to repair, alter or improve or to vacate and close the building, the building official may cause such building to be repaired, altered or improved or to be vacated and closed; that the building official may cause to be posted on the main entrance of any building so closed, a place card with the following words: "Condemned: This building is unsafe and its use or occupancy has been prohibited by the building official." If the owner fails to comply with an order to repair, remove or demolish the building, the building official may cause such dwelling to be repaired, removed or demolished. The owner shall be assessed amount of the costs of such repairs, alterations or improvements, vacating and closing or removal or demolition of such building, an administrative charge of 25 percent of the actual costs, and reasonable attorney's fees. Interest shall accrue on the total outstanding balance at the rate of one and one-half (1½) percent per month until paid in full. The city shall be entitled to a lien on the property for the total due. This lien shall be filed with the city clerk and with the county register of deeds and shall be enforceable as any judgment or mortgage lien and may be foreclosed on in like manner. If the city in demolishing unfit buildings as permitted by this article, and contracts with a third party not employed by the city to do the work, it must bid the work in conformity with the applicable procurement code.

(d)

City council action. Notwithstanding the city's remedies to assess costs, administrative charge(s), attorney's fees, and interest by reason of owner's failure to comply under subsection 5-1-62(c), city council is authorized to approve action to repair, alter, improve, and/or remove buildings referred to in this section upon such terms as the city council may deem appropriate to carry out the purposes of this chapter, and to enter into agreements with landowners.

(Ord. No. 2005-03-28(A), 3/28/05; Ord. No. 2008-04-14, 4/14/08; Ord. No. 2009-05-11(A), 5/11/09)