§ 82-187. Powers and duties of building official; inspections and notices.

The building official is hereby authorized to:

(1)

Inspect or cause to be inspected, semiannually, all public buildings, schools, halls, churches, theaters, hotels, tenements, and commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist which render any such place a dangerous building within the terms of section 82-181.

(2)

Inspect or cause to be inspected any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article.

(3)

Inspect or cause to be inspected any building, wall or structure reported by the fire or police department, as provided in this article, as probably existing in violation of the terms of this article.

(4)

Notify, or cause to be notified, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the structure as shown by the deed records of the county, of any structure found to be a dangerous building within the standards set forth in this article, that:

a.

The owners must vacate the structure and cause a contractor, who is certified for such activity, to repair or demolish the structure in accordance with the terms of the notice and this article;

b.

The occupant or lessee must vacate the structure or may cause a contractor, who is certified for such activity, to have it repaired in accordance with the notice and remain in possession; and

c.

The mortgagee, agent or other person having an interest in the structures as shown by the land records of the county to vacate the structure and cause a contractor, who is certified for such activity, to repair or demolish the structure in accordance with the terms of the notice and this article.

provided that any person notified under this subsection to repair, vacate or demolish any structure shall be given such reasonable time, within the terms of section 82-182, as may be necessary to do or have done the work or act required by the notice provided for in this subsection.

(5)

Set forth in the notice provided for in subsection (4) of this section a description of the real estate and structure sufficient for identification, specify the violation which exists and the remedial action required, and specify the time prescribed by law for the performance of any remedial act required by the notice.

(6)

Report to the code enforcement board or special magistrate any noncompliance with the notice provided for in subsections (4) and (5) of this section.

(7)

Appear at all hearing conducted by the code enforcement board or special magistrate, and testify as to the condition of dangerous buildings.

(8)

Place a notice on all dangerous buildings reading as substantially follows:

"This structure has been found to be a dangerous building by the building official. This notice is to remain on this structure until it is repaired, vacated, or demolished in accordance with the notice which has been given to the owner, occupant, lessee, mortgagee, or agent of this structure, and all other persons having an interest in said structure as shown by the land records of the clerk of the circuit court. It is unlawful to remove this notice until such notice is complied with."

(9)

Except in emergency cases under section 82-188, if the code enforcement board or special magistrate shall cause the demolition of the dangerous building, notify in writing the owner of any personal property kept in or on the premises to remove such property within 14 days from the date of the notice. If the owner of the personal property fails or refuses to remove the personal property within the time fixed in the notice, he shall be deemed to have abandoned the personal property and to have forfeited all of his rights, title and interest in and to the property.

(10)

Immediately sell any material or personal property salvaged from any removed or demolished structure and credit the proceeds thereof against the cost of demolition or removal; or where an independent contractor is obtained to demolish or remove any structure, convey such material or property to the contractor as compensation or partial compensation for the demolition or removal. Should the proceeds from the sale of such materials or personal property exceed the cost of demolition or removal, the excess shall be used, applied or paid over in accordance with the written directions of the parties entitled thereto.

(Ord. No. 5023, § 25, 2-19-02; Ord. No. 2010-13, § 18, 12-1-09)