§ 18-111. Powers of building inspector.

(a)

The city building inspector is designated and appointed the public officer to exercise the powers described as follows:

(1)

Accept requests filed by a public authority, or by at least five residents, of the city charging that any dwelling, building or structure is unfit for human habitation or for commercial, industrial or business use; make motions on behalf of the city that any dwelling, building or structure is unfit for human habitation or is unfit for its current commercial, industrial or business use, or is vacant, dilapidated and being used in connection with the commission of drug crimes.

(2)

Conduct preliminary investigations based on the charges; issue and cause to be served upon the owner of and any parties in interest in such dwelling, building or structure, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the city building inspector or his designated agent at a place within the city in which the property is located, fixed not less than ten days nor more than 30 days after the serving of the complaint; that the owner and any parties in interest shall be given the right to file an answer to the complaint and to appear in person, otherwise, and give testimony at the place and time fixed in the complaint; and the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the city building inspector.

(3)

Determine, after such notice and hearing, that the dwelling, building or structure under consideration is unfit for human habitation or is unfit for its current commercial, industrial or business use, or is vacant, dilapidated and being used in the commission of drug crimes; further, to state in writing his findings of fact in support of such determination and issue and cause to be served upon the owner an order stating that:

a.

If the repair, alteration or improvement of the dwelling, building or structure can be made at a reasonable cost in relation to the value of the dwelling, building or structure, to, within the time specified in the order, to repair, alter or improve such dwelling, building or structure so as to render it fit for human habitation or for current commercial, industrial or business use or to vacate and close the dwelling, building or structure as human habitation; or

b.

If the repair, alteration or improvement of the dwelling, building or structure cannot be made at a reasonable cost in relation to the value of the dwelling, building or structure, to, within the time specified in the order, remove or demolish such dwelling, building or structure.

(4)

To cause such dwelling, building or structure to be repaired, altered or improved or to be vacated, closed or demolished if the owner or parties in interest fail to comply with the order to vacate and close or demolish the dwelling, building or structure; further, to post on the main entrance of any dwelling, building or structure so closed a placard with the following words:

"This building is unfit for human habitation or commercial, industrial or business use; the use or occupation of this building for human habitation or for commercial, industrial or business use is prohibited and unlawful."

(5)

To cause such dwelling, building or structure to be removed or demolished if the owner fails to comply with any order to remove or demolish the dwelling, building or structure; however, this power shall not be exercised until the city council by ordinance orders the city building inspector to proceed with respect to the particular property which the city building inspector shall have found to be unfit for human habitation or unfit for its current commercial, industrial or business use, which property or properties shall be described in the ordinance.

(b)

The amount of the cost of vacating and closing or removal or demolition by the city building inspector shall be a lien against the real property upon which such cost was incurred. This lien shall attach the real property upon the payment of all cost of demolition by the city and the filing of an itemized statement of the total sum of costs by the city building inspector in the office of the clerk of the superior court of the county. If the dwelling, building or structure is removed or demolished by the city building inspector, he shall sell the materials of such dwelling, building or structure and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by the city building inspector, shall be secured in such manner as may be directed by such court and shall be disbursed by such court to the persons found to be entitled by final order or decree of such court.

(Ord. of 8-25-1998)