§ 13-114. Same; Section 109, Unsafe Conditions - Emergency Measures.

(a)

The title of Section 109 is amended to read as follows: "Unsafe Conditions - Emergency Measures."

(b)

Section 109.1 is amended to read as follows: " 109.1 Imminent danger. When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes, or vapors or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice advising that the structure is unsafe and its occupancy has been prohibited by the Code Official. It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or demolishing the same."

(c)

Section 109.2 is amended to read as follows: " 109.2 Temporary safeguards. When, in the opinion of the Code Official, there is an imminent danger due to an unsafe condition, the Code Official shall cause the necessary work to be completed in the following manner:

1. When securing doors and windows, the material shall be cut to fit either within the recess of the exterior finish wall if the door or window is recessed or to fit on the door or window trim if the trim is applied to top of the exterior wall.

2. The preferred material for windows shall be a transparent material such as lexan or plexiglas. If solid materials are used to secure either windows or doors, the solid material shall be painted either white or painted to match the color of the trim.

3. Once the structure is secure, the Code Official shall notify the owner that temporary measures have been taken, that the owner is required to restore the structure within thirty (30) days, and that the owner is subject to citation directing that the building be repaired to restore the building envelope. If the structure is not restored within thirty (30) days, the owner shall be fined One Thousand Dollars ($1,000.00) for each month that the violation continues and the property is not restored. For damage to the building as a result of a storm or fire, the Code Official may extend the initial thirty (30) day period without assessing a fine if the owner and insurer are promptly and actively undertaking repairs to the building."

(d)

Section 109.5 is amended to read as follows: " 109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid from the Office of Finance on certificate of the Code Official. The County Attorney shall institute appropriate action against the owner of the premises harboring the unsafe condition. Recovery of costs shall include, but not be limited to, certification for a tax lien, as provided by Section 109.7 of this Code."

(e)

Section 109.6, entitled "Hearing," is deleted in its entirety.

(f)

A new Section 109.7 is added to read as follows: " 109.7 Creation of a tax lien. There is created a tax lien on real property for monies expended by the County for the razing, demolition, removal, or making safe buildings and/or abatement of other unsafe nuisances or conditions constituting a danger to the public health and safety where the responsible party refuses or fails to comply with a lawful order of the Code Official after proper notice thereof, either actual or constructive, or as provided in Sections 119 and 120 of the Building Code.

There is created a tax lien on real property for monies expended by the County for the elimination of infestation constituting a danger to the public health and safety where the responsible party refuses or fails to comply with the lawful order of the Code Official after proper notice thereof, either actual or constructive, or as provided in Sections 108 through 110 of this Code.

There is created a tax lien on real property for monies expended by the County for the demolition, repair, or enclosure of a building, or removal of garbage, debris, or other hazardous, noxious, or unhealthy substances or materials where the responsible party refuses or fails to comply with the lawful order of the Code Official after proper notice thereof, either actual or constructive, or as provided in Sections 108 through 110 of this Code.

Following the demolition, repair, or enclosure of a building, or removal of garbage, debris, or other hazardous, noxious, or unhealthy substances or materials or as provided in Sections 108 through 110 of this Code, the County may file a notice of lien against the real estate for the cost of the demolition, repair, enclosure, or removal within 180 days after the repair, demolition, enclosure, or removal occurred, for the costs and expenses incurred, with the Director of Finance. The notice of lien shall consist of a sworn statement by the Director of Finance setting forth:

   1. A description of the real estate, such as the address or other description of the property, sufficient for its identification;

   2. The expenses incurred by the County in undertaking the remedial actions authorized by the Division;

   3. The date or dates that the expenses were incurred by the Director;

   4. A statement that the building was open and vacant and constituted an immediate and continuing hazard to the community;

   5. A statement that the required sign was posted on the building, that notice was sent by certified mail to the owners of record, and that notice was published in accordance with this Section; and

   6. A statement as to when and where the notice was published.

Upon notice from the County Attorney that a tax lien has been created, the amount of such lien shall be collected by the Director of Finance in the same manner as other County real estate taxes."

(CB-39-2001)