§ 12-1. Unsafe or unsanitary buildings or lots.
(a)
All dwellings, apartment houses, roominghouses, commercial buildings, or other buildings and structures which are unsafe, unsanitary, unfit for human habitation, which constitute a fire hazard, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, fire damage, flood damage, or abandonment, are deemed to be unsafe buildings. All such unsafe buildings are hereby declared illegal and a public nuisance and shall be abated by repair and rehabilitation or by demolition.
(b)
Any lot, tract, or parcel of land within the county which has an accumulation of trash thereon, has thereon unsightly filth, garbage or other refuse so as to be unsightly or to constitute a fire hazard, or be otherwise dangerous to human life of which in relation to its continued existence constitute a hazard to safety or health by reason of the continued accumulation of trash, filth, garbage, or other refuse, or the accumulation of junk such as scrap metal, batteries, paper, lumber, trash, rubber, other debris, litter, ruins, cast-offs, appliances, rummage, waste, or junk, abandoned, dismantled or wrecked automobiles, or parts thereof, iron, steel, or other scrap, ferrous or nonferrous metals or material, are severally in contemplation of this section declared to be public nuisances and, as such, shall be abated by clearing, cleaning or removal thereof.
(c)
The repair, rehabilitation, demolition, clearing, cleaning, or removal, as contemplated in this section, shall be in accordance with the following procedures:
(1)
Whenever the county public services department determines that there are reasonable grounds to believe that an unsafe building exists or that a public nuisance, as defined in subsection (b) of this section exists, notice of such alleged violation shall be given to the owners of any interest in the property of the fact that the building, or lot or parcel, constitutes an unsafe building and a nuisance or a nuisance in the case of a lot. Such notice shall:
a.
Be in writing.
b.
Include a statement of reasons why the building or lot is in violation of this section.
c.
Allow 60 days time for the performance of any act which the statement issued requires which will render the lot or building the lot or building in conformity with this section.
d.
Further inform the persons notified that if such repairs, reconstructions, alterations, removal, demolition, cleaning, clearing are not voluntarily completed within the stated time set forth in the notice, the county shall proceed to repair, reconstruct, alter, demolish, clean, clear or remove the buildings or lots in accordance with the notice, charge the person or persons, firm, corporation or agent with the expense of such action by the county, which said charge shall constitute a lien on the property which shall accrue interest at the statutory rate for judgments, and the county may immediately commence foreclosure proceedings upon the completion of the repair, reconstruction, alteration, demolition, cleaning, clearing or removal. Said lien shall be coequal with the liens of all state, county and district taxes, superior in dignity to all other liens, titles and claims.
e.
The declaration of nuisance and/or designation as unsafe building will be presented to the board of county commissioners at a hearing which will be held for the purpose of determining if the building constitutes an unsafe building. The hearing will be at a scheduled meeting of the board of county commissioners, the date of which shall be stated in the notice.
f.
The board of county commissioners may reduce the sixty (60) day notice period provided herein by vote at any regular or special meeting. Additionally, the board of county commissioners may reduce or waive the interest on any nuisance abatement lien by vote at any regular or special meeting.
(2)
The service of the notice shall be as follows:
a.
By delivery to the owner or other persons interested in the property, personally, or by leaving the notice at the usual place of abode of the owner or other interested person with a person over the age of 15 years; or
b.
By service of the notice to the owner by registered mail; or
c.
Where the person interested cannot be found or secrets himself within the state or outside the state, by posting the notice on the premises for seven days, plus notice by publication in a newspaper of general circulation within the county once a week for two consecutive weeks.
(d)
Any person who shall violate any of the provisions of this section or amendments thereto, who shall fail, neglect or refuse to comply with such order or notice or in pursuance and by authority of this section shall be guilty of a misdemeanor of the second degree and subject to punishment as prescribed by state law. For purposes of this section, a separate offense shall be deemed committed for each day a violation of this section exists, such time commencing at the time of notification of the offender of the violation.
(Ord. No. 92-04, §§ 1—4, 5-28-92; Ord. No. 93-21, § 1, 11-12-93; Ord. No. 96-29, § 1, 11-14-96; Ord. No. 2005-02, § 1, 2-16-05; Ord. No. 2007-35, § 1, 11-8-07)