§ 16-60. Repair, vacation, demolition or abatement.

The following standards shall be followed by the building standards commission in ordering the repair, vacation or demolition of any building, structure, or premises, and any building, structure, or premises declared a nuisance under this article shall be made to comply with one (1) or more of the following:

(1)

The building, structure, or premises shall be repaired in accordance with the current International Building Code, Residential Building Code or any other current code applicable to the type of substandard conditions requiring repair.

(2)

Repairs shall be deemed feasible only if less than fifty (50) percent of the building or structure must be repaired or replaced, and the repairs amount to less than fifty (50) percent of the building or structure's value.

(3)

If the building or structure is in such a condition as to make it dangerous to the health, safety and welfare of the occupants, it shall be ordered vacated and secured from unlawful entry.

(4)

If the building or structure requires repairs over greater than fifty (50) percent of its surface or amounting to greater than fifty (50) percent of its value, it shall be demolished. Further, if a building or structure cannot be repaired so that it will be brought into compliance with this article, it shall be demolished. Additionally, if the building or structure as it stands presents an incurable fire hazard in violation of the terms of this article or any ordinance of the city or statute of the state, it shall be demolished. For purposes of this article, the term "demolished" includes cleaning and grading of property and removal of all debris and trash.

(5)

If the building or a structure is not vacated, secured, repaired, removed or demolished, or the occupants are not relocated within the allotted time, the city may vacate, secure, remove or demolish the building or structure or relocate the occupants at its own expense, and may thereafter assess expenses, and establish a lien against the property, as set forth in this article.

(6)

If, after the expiration of the time allotted under this article, the owner, lienholder or mortgagee fails to comply, the city may do or cause to be done the repairs necessary to bring the building into compliance with this article and only if the building is a residential building with ten (10) or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds the minimum standards, as defined by this article, and expenses may be assessed as provided in this article.

(7)

Nothing in this article shall prohibit the requirement for abatement within twenty-four (24) hours, or a period of time less than as prescribed herein for public hearings, notice thereof, or the recovery of costs and establishment of liens, when a nuisance has been declared an immediate threat to health and safety by any enforcement personnel.

(Ord. No. 2013-O-025 , § 5, 3-18-13)