§ 5-2. Dangerous buildings declared nuisance; inspection; abatement.

(a)

Whenever any building or structure located in the area of the county which is not within the boundaries of any incorporated municipality is by reason of fire, age, decay, deterioration, structural defects, improper design, unstable foundation, termites, or by other causes shall be dangerous to the occupants thereof or to surrounding buildings and the occupants thereof, a menace to public health, a fire hazard, or unsafe so as to endanger life or property or render the use of the public roads dangerous, such building or structure may be declared in accordance with the procedure set forth in this section to be unsafe and to constitute a nuisance.

(b)

The board of county commissioners, by and through the county administrator, may examine any building or structure reported by the county staff as unsafe. The county administrator shall certify to the board of county commissioners a report of the examination of such property, describing the condition and the defects complained of.

(c)

The board of county commissioners, upon the filing of a report under subsection (b) above, if it determines that such building or structure is unsafe, shall give notice of a public hearing to the owner and to parties in possession or appearing to have an interest of record in the manner hereinafter provided, and thereafter may any one (1) or combination of the following:

(1)

Order the vacation, demolition or removal of any unsafe buildings or structures as above defined;

(2)

Order the repair, restoration, replacement of any part or parts of any building in the area of the county which is not within the boundaries of any incorporated municipality when any such part by reason of fire, age, decay, deterioration, structural defects, improper design, unstable foundation, termites, or other causes shall be dangerous to the occupants thereof or to surrounding buildings and the occupants thereof, a menace to public health, a fire hazard, or so unsafe as to endanger life or property or render the use of public roads dangerous where the cost of repairing, restoring, or replacing any such part or parts will not exceed fifty (50) percent of the value of the building or structure after such repair, restoration or replacement, and in default of the owner or other parties in interest repairing, restoring, or replacing such part or parts of such building or structure within a reasonable time fixed in such order, to order the vacation, demolition and removal of such building or structure the same as if such building or structure constituted an unsafe building or structure within the meaning of this section;

(3)

Vacate, demolish or remove, either with county forces or by independent contractor submitting the lowest and best bid, any such building or structure in the event that the owner or other parties in interest shall fail to comply with any such order within the time therein fixed;

(4)

Assess the entire cost of such vacation, demolition or removal against the real property upon which such cost was incurred, which assessment, when made, shall constitute a lien payable to the county upon such property superior to all others except taxes; and to file among the public records of the county a notice of assessment and lien which shall show the nature of such assessment and lien, the amount thereof, and an accurate description of the property affected thereby; which lien shall date from the date of filing such notice of lien, shall bear interest from such date at the rate of six (6) percent per annum, and shall be enforceable and collectable by the county if unsatisfied after the expiration of one (1) year from the date of filing such notice of lien, by a proceeding in the circuit court of the county;

(5)

Serve the notices herein required and the orders herein provided for by such officer as the board of county commissioners shall by resolution designate by personally delivering a copy thereof to the party to be notified or by leaving such copy at his usual place of abode with some person of the family above fifteen (15) years of age and informing such person of the contents thereof, or by either registered or certified United States mail with return receipt requested, or, if the name of any such party or his place of residence or his post office address cannot be ascertained after diligent search, by publishing a copy thereof once a week for four (4) consecutive weeks in a newspaper of general circulation within the county, and, if the name of such party is unknown, mailing a copy thereof to his last known address; a copy of all such notices and orders shall be posted in a conspicuous place upon such building or structure; all of such notices and orders shall be in writing and contain an accurate description of the building or structure and the lot or parcel of land affected and shall be served, mailed, posted or published not less than thirty (30) days nor more than sixty (60) days before the date therein fixed for hearing or compliance;

(6)

Sell any material salvaged from any such building or structure and any other property contained therein or thereupon and credit the proceeds thereof against the cost of such vacation, demolition or removal, or, where an independent contractor is employed to demolish or remove any such building or structure, to convey such material or property to the contractor as compensation or partial compensation for such vacation, demolition or removal; and, should the proceeds from the disposition of such materials or property exceed the cost of such vacation, demolition or removal, such excess shall be used, applied, or paid over in accordance with the written directions of the parties entitled thereto.

(d)

The board is authorized to appropriate and expend such funds as may be necessary to carry out the provisions of this section.

(Ord. No. 72-2, §§ 1—4)