§ 5-2
Demolition of structures under certain conditions.
[Code 1969, § 5-6; Ord. No. 152, 8-4-1980; Ord. No. 155, 11-17-1980]
The building official shall order the owner of a structure found to be unfit for human habitation and unreasonable to repair or raze and remove such structure within a reasonable period of time. For purposes of this section, a structure or part thereof shall be presumed to be unreasonable to repair and a public nuisance if either:
The cost of repairs to bring such structure into compliance with the provisions of the state building code exceeds 50 percent of the replacement value of such structure; or
The structure has remained vacant for a period of six months from the date of placarding by the building official.
However, within ten days from the issuance of an order to raze and remove a structure or part thereof, the owner of the premises shall be granted the option to repair the structure so as to be in compliance with the provisions of the state building code within a reasonable period of time as determined by the building official but not to exceed six months from the date of the notice.
The owner of the premises shall also have the right to request a hearing by the building code board of appeals at which time the owner shall be provided the opportunity to show cause why the order should be rescinded or modified. The hearing shall be held in accordance with section 903 of the rental housing code. However, the board may rescind or modify the order of the building official only if such order is found to be unreasonable.