§ 8-41. Action of the building and standards commission.

After a public hearing, if a building is found to be in violation of this chapter, the commission may:

(a)

Enter into the minutes its findings that:

(1)

A building is in violation of the minimum standards of this chapter;

(2)

A building is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare;

(3)

A building is unoccupied by its owners, lessees, or other invitees and unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children;

(4)

A building is boarded up, fenced, or secured, but;

a.

Constitutes a danger to the public even though secured from entry; or

b.

The means used to secure the building are inadequate to prevent unauthorized entry or use of the building by vagrants, children, or other uninvited persons.

(5)

The materials or methods used to construct the building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances or exits do not meet the standards set forth in this chapter in regard to the preservation of public safety;

(6)

A building or improvement does not meet fire safety standards as designated in the International Fire Code as adopted in chapter 17 herein;

(7)

A building or use thereof is in violation of sections 8-26 through 8-30 and chapter 32 herein in that there exist conditions caused by accumulations of refuse, vegetation or other matter that creates breeding and living places for insects and rodents;

(8)

The condition, use or appearance of property is in violation of the minimum standards in this chapter;

(9)

Determine the amount and duration of final civil penalties the city may recover; and

(10)

Determine that a building fails to meet the requirements necessary to retain a certificate of occupancy or multi-family dwelling community license.

(b)

Make an order that:

(1)

Declares a building substandard;

(2)

The owner, lienholder or mortgagee of a building:

a.

Secure it from unauthorized entry; or

b.

Repair, remove or demolish the building.

(3)

Persons or property be immediately removed from a building and designate the city to enter on the property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance;

(4)

Action be taken as necessary to remedy, alleviate, or remove any substandard building found to exist;

(5)

The building(s) be vacated and/or that any or all occupants be relocated within a reasonable time;

(6)

Authorizes any peace officer of the state, including the police chief, sheriff, or constable, to enforce and carry out the lawful order or directives of the commission; and

(7)

The owner(s) of the property pay to the city the amount of civil penalties found to be owed. The commission may not order conditional civil penalties.

(c)

Time limits.

(1)

An order may require that a building shall be secured as found necessary in a manner which prevents entry by unauthorized persons.

(2)

An order may require that a building must be repaired, removed, or demolished within thirty (30) days unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within thirty (30) days.

(3)

If the commission allows the owner, lienholder, mortgagee, manager or occupant more than thirty (30) days to repair, remove or demolish the building, the commission shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder, mortgagee, manager or occupant to secure the property in a reasonable manner from unauthorized entry while the work is being performed.

(4)

The commission may not allow the owner, lienholder, mortgagee, manager or occupant more than ninety (90) days to repair, remove or demolish the building or fully perform all work required to comply with the order of the commission unless the owner, lienholder, mortgagee, manager or occupant:

a.

Submits a detailed plan and time schedule for the work at the hearing; and

b.

Establishes at the hearing that the work cannot reasonably be completed within ninety (90) days because of the scope and complexity of the work.

(5)

If the commission allows the owner, lienholder, mortgagee, manager or occupant more than ninety (90) days to complete any part of the work required to repair, remove, or demolish the building, the commission shall require the owner, lienholder, mortgagee, manager or occupant to regularly submit progress reports to the commission to demonstrate that the owner, lienholder, mortgagee, manager, or occupant complied with the time schedules established by the commission for commencement and performance of the work. The order may require that the owner, lienholder, mortgagee, manager, or occupant appear before the commission to demonstrate compliance with the schedules. If the owner, lienholder or mortgagee owns property, including structures or improvements on the property, within the city boundaries that exceeds one hundred thousand dollars ($100,000.00) in total value, the commission may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing a building. In lieu of a bond, the commission may require the owner, lienholder or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the commission. The bond must be posted, or the letter of credit, or third party guaranty provided not later that the thirtieth day after the date the commission issues the order.

(Ord. No. 2008-9000, § 2, 10-2-08)