§ 8-03-170. Unsafe structure or debris; removal; notice; right of city to remove; lien.

(a)

Whenever any structure is determined by the code official to be an unsafe structure as defined above, the city commission may, by resolution, find that the unsafe structure is a menace to the public comfort, health, peace or safety and require the removal of the unsafe structure.

(b)

A copy of the resolution shall be served on the owner, occupant or agent in charge of the building, structure or premise. If the owner, as shown by the real estate records of the county clerk, occupant or agent in charge of the building, structure or premise cannot be served within the city, a copy of the resolution shall be posted on the building, structure or premise and a copy of the resolution shall be published one (1) time.

(c)

Within ten (10) days of the receipt of a copy of the resolution or of the posting and publishing of a copy of the resolution, the owner, occupant or agent in charge of the building, structure or premise shall commence removing the building, structure, ruin, rubbish, wreckage or debris, or file a written objection with the city clerk asking for a hearing before the city commission.

(d)

If a written objection is filed as required in this section, the city commission shall:

(1)

Fix a date for a hearing on its resolution and the objection;

(2)

Consider all evidence for and against the removal resolution at the hearing; and

(3)

Determine if its resolution should be enforced or rescinded.

(e)

Any person aggrieved by the determination of the city commission may appeal to the district court by:

(1)

Giving notice of appeal to the city clerk within five (5) days after the determination made by the city commission; and

(2)

Filing a petition in the district court within twenty (20) days after the determination made by the city commission. The district court shall hear the matter de novo and enter judgment in accordance with its findings.

(f)

If the owner, occupant or agent in charge of the building, structure or premise fails to commence removing the building, structure, ruins, rubbish, wreckage or debris:

(1)

Within ten (10) days of being served a copy of the resolution or of the posting and publishing of the resolution; or

(2)

Within five (5) days of the determination by the city commission that the resolution shall be enforced; or

(3)

After the district court enters judgment sustaining the determination of the city commission, the municipality may remove the building, structure, ruins, rubbish, wreckage or debris at the cost and expense of the owner. The reasonable cost of the removal shall constitute a lien against the building, structure, ruin, rubbish, wreckage or debris so removed and against the lot or parcel of land from which it was removed. The lien shall be foreclosed in the manner provided by law.

(g)

The city may pay for the costs of removal of any condemned building, structure, wreckage, rubbish or debris by granting to the person removing such materials, the legal title to all salvageable materials in lieu of all other compensation.

(h)

Any person or firm removing any condemned building, structure, wreckage, rubbish or debris shall leave the premises from which the material has been removed in a clean, level and safe condition, suitable for further occupancy or construction and with all excavations filled.

(i)

Where the code official determines that the building is dilapidated in such a manner as to conform to the definition of a public nuisance the code administration may proceed in municipal court under section 11-05-240 of the codified ordinances of the city.

(Ord. No. 1321, § 32, 2-12-08; Ord. No. 1340, § 1, 8-11-08)