The governing body has found that there exist within the corporate limits of the city structures which are unfit for human use or habitation due to dilapidation, increasing the hazards of fire or accidents or other calamities, lack of ventilation, light or sanitary facilities or other conditions, including those set forth hereinafter, which render such structures unsafe, unsanitary or detrimental to the health and safety or otherwise inimical to the welfare of the residents of the city; and it is hereby deemed necessary by the governing body to require or cause to repair, closing or demolition or removal of the structures in the manner hereinafter provided.

(Ord. 1621, Sec. 1; Code 2013)

For the purpose of this article certain terms and words are hereby defined as follows:

(a)   Structures. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground.

(b)   Residential structures. Any building, dwelling or structure, or part thereof used and occupied for human habitation or intended to be so used and including any appurtenances belonging thereto or usually enjoyed therewith.

(c)   Nonresidential structures. Any structure which is used for other than residential purposes or a part of the structure, or a structure, a part of which is used for other than nonresidential purposes, and where applicable, the premises on which the structures are situated.

(d)   Public officer means the building inspector or his or her authorized representative.

(Ord. 1361, Sec.1; Ord. 1621, Sec. 2; Code 1988; Code 2013)

That for the purpose of this article, the following minimum standards are hereby fixed and adopted:

(a)   Every structure shall be kept in good repair and structurally sound by the owner.

(b)   The exterior surfaces of every structure shall be maintained free of broken glass, loose shingles, lumber, siding, crumbling bricks or stone, excessive peeling paint or other conditions reflective of deterioration to the end that adjoining properties and neighborhood be protected from blighting influences.

(c)   Every foundation, exterior wall, exterior, door, basement hatchway, window and roof shall be kept substantially weather tight, watertight, and rodent proof.

(d)   Every basement or cellar window or opening which might provide an entry for rodents shall be supplied with the screen or other device as shall effectively prevent their entrance.

(Ord. 1621, Sec. 3; Code 2013)

Whenever a written complaint is filed with the city clerk by at least three property owners of the city charging that any structure is unfit for human use or habitation, the city council shall, if the preliminary investigation by the public officer discloses a basis for the charges, issue and cause to be served upon the owner, every mortgage of record, and all parties with interests in the structure (including persons in possession), a complaint stating the charges in that respect. The complaint shall contain a notice that a hearing shall be held before the city council at a place therein fixed not less than 10 days nor more than 30 days after the serving of the complaint; that the owner, mortgagee and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint, and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the city council.

(Ord. 1621, Sec. 4; Code 2013)

The city council may determine that a structure is unfit for human use or habitation if the city council finds a condition, such as enumerated herein, in the structure which is dangerous and injurious to the health or safety of the occupant of the building or any other resident of the city, or which have a blighting influence on the properties in the area. The conditions may include the following, without limitations: defects therein increasing the hazard of fire, accident or other calamities; lack of adequate ventilation; air pollution; light or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness; overcrowding; inadequate ingress and egress; dead and dying trees, limbs or other unsightly natural growth; unsightly appearances that constitute a blight to adjoining property, the neighborhood, or the city; walls, sidings, or exteriors of a quality and appearance not commensurate with the character of the properties in the neighborhood; unsightly stored or parked material, equipment, supplies, machinery, trucks or automobiles, or parts thereof; vermin infestation; inadequate drainage; failure to meet the minimum housing standards established by this article; or any violation of health, fire, building or zoning regulations or any other laws or regulations relating to the use of land and the occupancy of buildings or improvements.

(Ord. 1621, Sec. 5; Code 2013)

If, after the notice and hearing, the city council determines that the structure under consideration is unfit for human use or habitation, it shall state in writing the findings of fact in support of the determination.

(Ord. 1621, Sec. 6; Code 2013)

If, after notice and hearing, the city council determines that the structure can be repaired or improved to make the structure fit for human habitation, it shall direct the owner of the structure to repair, alter, or improve the structure to render it fit for human use or habitation or the city council shall vacate and close the structure. If the structure shall not be made habitable for human use within the time set by the order, the owner thereof shall remove or demolish the structure within the time set by the order.

(Ord. 1621, Sec. 7; Code 2013)

If the owner fails to comply with an order to repair, alter, or improve or vacate and close the structure, the city council may cause the structure to be repaired, altered or improved, or to be vacated and closed. If the owner fails to comply with an order to remove or demolish the structure, the city council may cause the structure to be removed and demolished.

(Ord. 1621, Sec. 8; Code 2013)

The amount of the cost of repairs, alterations, or improvements or vacating and closing or removal or demolition, shall be a lien against the real property upon which the cost was incurred, and the lien, including as part thereof allowance of the costs of the action, necessary attorney’s fees, may be foreclosed in judicial proceedings in the manner provided or authorized by law for loans secured by liens on real property, or shall be assessed as a special assessment against the lot or parcel of land on which the structure was located and the city clerk shall at the time of certifying other city taxes, certify the unpaid portion of the aforesaid costs and the county clerk shall list the same on the tax roles of the county against the lot or parcel of land. If the structure is removed or demolished by the city or its agents, the city shall sell the materials of the structure and shall credit the proceeds of the sale against the costs of the removal or demolition and if there be any balance remaining, it shall be paid to the parties entitled thereto as determined by proper judicial proceedings, after deducting the costs of the judicial proceedings, including necessary attorney’s fees incurred therein as determined by the court.

(Ord. 1621, Sec. 9; Code 2013)

Complaints or orders issued pursuant to this article shall be served upon the persons involved either personally or by certified mail, but if the whereabouts of the persons be unknown and the same cannot be ascertained in the exercise of reasonable diligence, then the serving of the complaint or order upon the persons may be made by publishing the same once each week for two consecutive weeks in the official city newspaper. A copy of the complaint or order shall also be posted in a conspicuous place on the premises affected by the complaint or order, and another copy of the complaint or order shall also be filed with the clerk of the county district court and the filing of the complaint or order shall have the same force and effect as other lis pendens orders provided by law.

(Ord. 1621, Sec. 10; Code 2013)

Any person affected by an order issued by the city council may petition the county district court for an injunction restraining the provisions of the order, and the court upon the petition, may issue a temporary injunction pending the final disposition of the cause; provided, however, that the persons shall petition the court within 30 days after the posting and service of the order. Hearings shall be had by the district court on the petitions as provided by statute. The remedies herein provided shall be exclusive remedies, and no person affected by an order hereunder shall be entitled to recover any damages for action taken, pursuant to this article.

(Ord. 1621, Sec. 11; Code 2013)

The city council is hereby authorized to exercise the powers as may be necessary or convenient to carry out and affectuate the purposes and provisions of this article, including the following powers in addition to others herein granted:

(a)   To designate an agent or employee to investigate the structure conditions in the municipality in order to determine which structures therein are unfit for human use or habitation;

(b)   To administer oaths, affirmations, examine witnesses, and receive evidence;

(c)   To designate an agent or employee to enter upon premises for the purpose of making examinations, provided that the entry shall be made in such manner as to cause the least possible inconvenience to the person in possession and to obtain an order for this purpose from a court of competent jurisdiction in the event that entry is denied or resisted;

(d)   To appoint and affix the duties of the officers, agent and employees as it deems necessary to carry out the purposes of the article;

(e)   To make the determination and perform the duties as shall be necessary to carry out the intent and purpose of this article.

(Ord. 1621, Sec. 12; Code 2013)