17-4759.   Ordinances relating to repair, closing, demolition or removalof structures unsafe, insanitary, dangerous or inimical to welfare ofresidents; complaints and orders issued pursuant thereto.(a) Whenever any municipality finds that there exist in suchmunicipality structures which are unfit for human use or habitation dueto dilapidation, defects increasing the hazards of fire, accidents orother calamities, lack of ventilation, light or sanitary facilities, ordue to other conditions, including those set forth in subsection (c), renderingsuch structures unsafe, insanitary or dangerous ordetrimental to the health, safety or morals, or otherwise inimical tothe welfare of the residents of such municipality, the municipality mayrequire or cause the repair, closing, demolition or removal of such structuresin the manner hereinprovided. "Residential structure" or "dwelling"means anybuilding, or structure, or part thereof, used and occupied for humanhabitation or intended to be so used, and includes any appurtenancesbelonging thereto or usually enjoyed therewith. "Nonresidentialstructure" means any structure which is used for other thanresidential purposes, or a part of such structure, or a structure a partof which is used for other than residential purposes and, whereapplicable, the premises on which such structures are situated.

      (b)   Upon the adoption of an ordinance finding that structuralconditions of the character described in subsection (a) existwithin a municipality, the governing body of such municipality is herebyauthorized to adopt ordinances relating to the structures within suchmunicipality which are unfit for human use or habitation. Suchordinances shall include the following provisions that:

      (1)   A public officer be designated or appointed to exercise thepowers prescribed by the ordinances.

      (2)   Whenever a petition is filed with the public officer or byat least five residents of the municipality charging that anystructure is unfit for human use or habitation or whenever it appears tothe public officer, on the officer's own motion, thatanystructure is unfit forhuman use or habitation, the officer, if the officer's preliminaryinvestigationdiscloses a basis for such charges, shall issue and cause to be served uponthe owner, every mortgagee of record and all parties in interest in suchstructure, including persons in possession, a complaintstating thecharges. Such complaint shall contain a notice that: Ahearing will be held before the public officer or the officer'sdesignated agentat a place therein fixed not less than 10 days nor more than 30days after the serving of the complaint; that the owner,mortgagee and parties in interest shall be given the right to file ananswer to the complaint and to appear in person, or otherwise, and givetestimony at the place and time fixed in the complaint; and that therules of evidence prevailing in courts of law or equity shall not becontrolling in hearings before the public officer.

      (3)   If, after such notice and hearing, the public officerdetermines that the structure under consideration is unfit for human useor habitation, the officer shall state in writing thefindings of facts in supportof such determination and shall issue and cause to be served upon theowner thereof an order which:

      (A)   Requiresthe owner, within the time specified in the order, to repair, alter, orimprove such structure to render it fit for human use or habitation orto vacate and close the structure until conformance with ordinancesestablished under this law if the repair, alteration or improvement of thestructure can be made at a reasonable cost in relation to the replacement valueof the structure. The ordinance of the municipality shall fix a certainpercentage of such cost as being reasonable; or

      (B)   requiresthe owner, within the time specified in the order, to remove or demolishsuch structure if the repair, alteration or improvement of the structurecannot be made at a reasonable cost in relation to the replacement value of thestructure. The ordinance of the municipality shall fix a certain percentage ofsuch cost as being reasonable.

      (4)   If the owner fails to comply with an order to repair,alter or improve or to vacate and close the structure, the publicofficer may cause such structure to be repaired, altered or improved, orto be vacated and closed.

      (5)   If the owner fails to comply with an order to remove ordemolish the structure, the public officer may cause such structure tobe removed or demolished.

      (6)   The amount of the cost of the repairs, alterations,improvements, vacating and closing or removal or demolition by thepublic officer shall be a lien against the real property upon which thecost was incurred. Such lienshall include allowance of the officer's costs and the necessaryattorney's fees and may be foreclosed injudicial proceedings in the manner provided or authorized by law forloans secured by liens on real property. In lien [lieu] of foreclosure,the costs,including the officer's costs, may be assessed as aspecial assessment against the lot or parcel of land on which thestructure was located, in which case the city clerk, at the time of certifyingother city taxes, shall certify the unpaid portion of the costs andthe county clerk shall extend the same on the tax rolls of the countyagainst the lot or parcel of land. If the structure is removed ordemolished by the public officer, the officer shall sell the materials of suchstructure and shall credit the proceeds of the sale against the cost ofthe removal or demolition. If there is any balance remaining it shallbe paid to the parties entitled thereto as determined by proper judicialproceedings instituted by the public officer after deducting the costsof such judicial proceedings, including necessary attorneys' feesincurred therein, as determined by the court.

      (c)   An ordinance adopted by a municipality pursuant to this sectionshall provide that the public officer may determine that a structure isunfit for human use or habitation if the officer finds that conditions exist insuch structure which are dangerous or injurious to the health, safety ormorals of the occupants of such buildings or other residents of themunicipality or which have a blighting influence on properties in thearea. Such conditions may include, but are not limited to, the following:Defects increasing the hazards of fire, accident, or othercalamities; lack of adequate ventilation; air pollution; light orsanitary facilities; dilapidation; disrepair; structural defects;uncleanliness; overcrowding; inadequate ingress and egress; dead anddying trees, limbs or other unsightly natural growth or unsightlyappearances that constitute a blight to adjoining property, theneighborhood or the city; walls, sidings or exteriors of a quality andappearance not commensurate with the character of the properties in theneighborhood; unsightly stored or parked material, equipment, supplies,machinery, trucks or automobiles or parts thereof; vermin infestation;inadequate drainage; or any violation of health, fire, building orzoning regulations, or any other laws or regulations relating to the useof land and the use and occupancy of buildings and improvements. Suchordinance may provide additional standards to guide the public officeror the officer's agents or employees in determining the fitness of a structure forhuman use or habitation.

      (d)   Complaints or orders issued by a public officer pursuant to anordinance adopted under this section shall be served upon persons eitherpersonally or by registered or certified mail. If thelocation ofsuch persons is unknown and cannot be ascertained by the publicofficer in the exercise of reasonable diligence, and the public officermakes an affidavit to that effect, service may be made by publishing thecomplaint or orderonce in a newspaper printed andpublished in the municipality or, in the absence of such newspaper, inone printed and published in the county and circulating in themunicipality in which the structures are located. A copy of suchcomplaint or order shall be posted in a conspicuous place on thepremises affected by the complaint or order. A copy of such complaint ororder also shall be filed with the clerk of the district court ofthecounty in which the structure is located and the filing of thecomplaint or order shall have the same force and effect as other lispendens notices provided by law.

      (e)   Any person affected by an order issued by a public officer pursuantto this section maypetition the district court of the county in which the property islocated for an injunction restraining the public officer from carryingout the provisions of the order. Upon such petition, the court mayissue a temporary injunction restraining the public officer pending thefinal disposition of the case. Such petition shall be filed not later than30 days after the posting and service of the order of thepublic officer. Hearings shall be held by the court on such petition assoon thereafter as possible andshall be given preference over other mattersbefore the court.The court shall hear and determine the issues raised and shall enter afinal order or decree in the proceedings. In all such proceedings thefindings of the public officer as to facts, if supported by evidence,shall be conclusive. Costs shall be in the discretion of the court. Theremedies herein provided shall be exclusive remedies and no personaffected by an order of a public officer pursuant to this section shallbe entitled to recoverany damages for action taken pursuant to such order or because of complianceby such person with such order.

      (f)   An ordinance adopted by the governing body of the municipality pursuantto this sectionmay authorize the public officer to exercise such powers as may benecessary or convenient to carry out and effectuate the purposes andprovisions of this section, including, in additionto others herein granted, the power to:

      (1)   Investigate the structure conditions inthe municipality in order to determine which structures therein areunfit for human use or habitation;

      (2)   administer oaths andaffirmations, examine witnesses and receive evidence;

      (3)   enter uponpremises for the purpose of making examinations, provided that suchentries shall be made in such manner as to cause the least possibleinconvenience to the persons in possession, and obtain an order forthis purpose from a court of competent jurisdiction in the event entryis denied or resisted;

      (4)   appoint and fix the duties of suchofficers, agents and employees as the officer deems necessaryto carry out thepurposes of such ordinance; and

      (5)   delegate any of the officer's functions andpowers under such ordinance to such officers, agents and employees asthe officermay designate.

      (g)   As soon as possible after adopting an ordinance under this section,the governing body of any municipality shall prepare anestimate of the annual expenses or costs to provide the equipment,personnel and supplies necessary for periodic examinations andinvestigations of the structures in such municipality to determine the fitnessof such structures for human use or habitation,and for the enforcement and administration of its ordinance orordinances adopted under this section.

      (h)   Nothing in this section shall be construed to abrogate or impairthe powers of the courts or of any department of any municipality toenforce any provisions of its charter or its ordinances or regulations,nor to prevent or punish violations thereof and the powers conferred bythis section shall be in addition and supplemental to the powersconferred by any other law.

      (i)   Nothing in this section shall be construed to impair or limit inany way the power of the municipality to define and declare nuisancesand to cause their removal or abatement, by summary proceedings orotherwise.

      (j)   Any municipality, by ordinance adopted by its governingbody, may:

      (1)   Prescribe minimum standards for the use and occupancy of any typestructure throughout the city;

      (2)   prevent the use or occupancy of anystructure which is injurious to the public health, safety, morals orwelfare; and

      (3)   prescribe punishment for the violation of any provisionof such ordinance.

      History:   L. 1955, ch. 86, § 18;L. 1965, ch. 155, § 1; L. 1981,ch. 173, § 54;L. 1998, ch. 159, § 1; July 1.