Sec. 13-28. Demolition of unsafe buildings and structures.Unsafe structures.
The director shall order the owner of any premises upon which is located any structure, which in his judgment is so old, dilapidated, or has become so out of repair, as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two (2) years, to demolish and remove such structure. If the owner of a premises fails to comply with a demolition or repair order within the time prescribed, the director shall cause the structure to be demolished and removed, or repaired and made safe and sanitary.
Whenever the director shall have caused an unsafe building or structure, or part thereof, demolished and removed, or made safe and sanitary such director shall determine the costs and expenses of the demolition and removal or other action. Such costs and expenses shall include an administrative charge of three hundred dollars ($300.00), and such costs and expenses shall be chargeable to and paid by the owner of the property upon which such building or structure was located and shall be collected by the city as taxes and levies are collected. Every charge assessed under this section which remains unpaid shall constitute a lien against such property.
(a) Upon determination by the director that any building, wall or any other structure, or portion thereof, might endanger the public health or safety of other residents of the city, such building, wall or structure shall be declared unsafe.
(b) Notice that a building, wall or structure has been declared unsafe shall be sent by registered or certified mail, return receipt requested, to the last-known address of the owner and published in a newspaper having general circulation in the city, once a week for two (2) successive weeks; provided, however, that the second publication shall not be sooner than one (1) calendar week after the first publication. Such notice shall state with reasonable particularity the defects or other conditions of the building, wall or structure which render it unsafe and shall specify the period of time within which repairs or corrections shall be made or the building, wall or structure, or a portion or portions thereof, demolished and removed. Such period of time shall not be less than is reasonably required by the exercise of due diligence for the required repairs or corrections to be made, or for the building, wall or structure, or portion or portions thereof, to be demolished and removed.
(c) In the event the owner of a building, wall or structure who has been served with the notice provided for in subsection (b) hereof shall fail to comply with the terms of such notice within the time specified therein, the director, through his or her own agents or employees, shall be authorized to order the building, wall or structure, or portion thereof, to be repaired, or to be demolished and the debris removed, at the cost of the owner. Such cost shall include an administrative fee in the amount of three hundred dollars ($300.00). For the purposes of this section, repair may include maintenance work to the exterior of a building to prevent deterioration of the building or adjacent buildings. No building, wall or structure, or portion thereof, shall be repaired or demolished by order of the director for at least thirty (30) days following the later of the return of the receipt or newspaper publication as provided for in subsection (b) hereof, except that the city may take action to prevent unauthorized access to the building within seven days of such notice if the structure is deemed to pose a significant threat to public safety and such fact is stated in the notice.
(d) Any person who shall fail to comply with a notice provided for in subsection (b) hereof shall be guilty of a misdemeanor punishable in accordance with the provisions of section 13-2 hereof. Any violation of the provisions of this section may also be enjoined by the circuit court at the suit of the city.
(e) All costs and expenses incurred by the city for repairing or demolishing a building, wall or structure pursuant to the provisions of this section shall be chargeable to and paid by the owner of property and may be collected as real estate taxes and levies are collected. Any such charges which remain unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in sections 58.1-3940 et seq., and 58.1-3965 et seq. of the Code of Virginia, 1950, as amended.
2. That this ordinance shall be in effect on and after the date of its adoption, July 13, 2010.
G. Other City Council Actions
2. Ordinance Amending and Reordaining City Code, Chapter 32, Police, Section 32, and Adding Article IV., Section 32-60, Bawdy Places; and Article V., Section 32-70, Illegal Drug Activity
ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING
AND REORDAINING CITY CODE, CHAPTER 32, POLICE, BY ADDING TWO NEW ARTICLES:
ARTICLE IV., REMOVAL OR REPAIR OF BUILDINGS