§ 22-204. Emergency demolition.

(a)

Immediate danger. Where the director of building and code enforcement, the city manager or other city official designated to be in charge of enforcing the city's building code determines that a residential, commercial or industrial structure has been so damaged by a catastrophic event as to constitute an immediate danger or threat to persons or adjacent properties, and further determines that it would be impractical to enclose the structure itself to eliminate the immediate danger or threat, the city official shall placard the structure with either a notice of perimeter enclosure or demolition and undertake reasonable steps to promptly notify the owner of the necessity of the erection of a perimeter enclosure or demolition. A perimeter enclosure shall mean the erection of a cyclone or similar fence on the lot on which the damaged structure is located which is of sufficient strength, permanency and location to stop the entry of unauthorized persons to the lot and/or the structure pending further action. If the owner cannot be found, or refuses to erect the perimeter enclosure so as to eliminate the immediate danger or threat to persons or adjacent properties or cannot be found within a reasonable period of time due to the nature of the danger or threat, the city official shall have the right and power, but not the obligation, to eliminate the immediate danger or threat by erecting a perimeter enclosure as described by this section or if such perimeter enclosure is not adequate to respond to the eminent danger or threat to persons or adjacent properties, the city official may demolish the structure. If any person seeks a judicial hearing and has served a copy of the complaint on this city before the city proceeds with authorized actions set forth in this section, then the city shall not proceed with the secure perimeter enclosure or demolition until a court issues an order that authorizes the city to do so.

(b)

Lien. Following the erection of perimeter enclosure or demolition, the city may file a notice of lien against the real estate for the cost of the erection of the perimeter enclosure or demolition within 180 days after the erection of the perimeter enclosure or demolition of the structure for any and all costs and expenses incurred by the city, including attorneys' and consultants' fees in the office of the county recorder of deeds. The notice of lien shall consist of a sworn statement 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 city in undertaking the remedial actions authorized under this section;

(3)

The dates the expenses were incurred by the city;

(4)

A statement by the city official responsible for enforcing the building code that the structure constituted an eminent danger or threat to persons or adjacent properties;

(5)

A statement by the city official that the required sign was posted on this structure and a description of service of the notice or the attempts to serve notice upon the owners.

(Code 1996, § 22-204; Ord. No. F-1044, § 1, 5-16-2005)