Section [A] 116.6 is hereby added to the International Building Code and shall read as follows:
[A] 116.6 Failure to abate an unsafe condition. If the owner of any structure has failed to commence the repair, demolition or removal of such structure within the time ordered by the Building Official or has failed to diligently prosecute the same thereafter, the owner will be subject to penalties stipulated in Section [A] 114.4, and the City may proceed to raze, demolish, repair and remove the structure, make the premises safe and secure, or let the same to contract by resolution of the Governing Body.
[A] 116.6.1. Governing Body Authority. The Governing Body shall have the power to require or cause the repair, closing, demolition or removal of structures found to be unsafe, dangerous, or unsanitary or detrimental to the health, safety, or otherwise inimical to the welfare of the citizens of the City.
[A] 116.6.2 Notification and Hearing Procedures.
1. Whenever the Building Official files with the Governing Body a statement in writing that any structure, describing the same and where located, is unsafe or dangerous, the Governing Body shall by resolution fix a time and place in which the owner, his/her agent, any lienholders of record and any occupant of such structure may appear and show cause why such structure should not be condemned and ordered repaired, demolished or removed.
2. Such resolution shall be mailed by certified mail to each such owner, agent, lienholder and occupant, at their last known place of residence at least fifteen (15) days prior to the date set for the hearing.
3. On the date fixed for hearing or any adjournment thereof, the Governing Body shall hear all evidence submitted by the owner, his/her agent, lienholders of record and occupants having an interest in such structure as well as evidence submitted by the Building Official filing the statement and shall make findings by resolution. If the Governing Body finds that such structure is unsafe or dangerous, such resolution shall direct the structure to be repaired, closed, demolished or removed and the premises made safe or secure. Such resolution shall be published once in the official City newspaper and a copy mailed to the owners, agents, lienholders of record and occupants, in the same manner provided in the notice of hearing. The resolution shall fix a reasonable time within which the repair, removal or demolition of such structure shall be commenced and a statement that if the owner of such structure fails to commence the repair or removal of such structure within the time stated or fails to diligently prosecute the same until the work is completed, the Governing Body will cause the structure to be demolished, razed, removed or repaired.
[A] 116.6.3 City to perform repair, demolition, or removal. If the owner of any structure has failed to commence the repair, demolition or removal of such structure within the time stated in the resolution or has failed to diligently prosecute the same thereafter, the City may proceed to raze, demolish, repair and remove the structure, make the premises safe and secure, or let the same to contract. The City shall keep an account of the cost of such work and may sell the salvage from such structure and apply the proceeds or any necessary portion thereof to pay the cost of demolishing, repairing or removing such structure or part thereof, and making the premises safe and secure. All moneys in excess of that necessary to pay such costs shall, after the payment of all costs, be paid to the owner of the premises upon which the structure was located. If there is no salvageable material or if money received from the salvage is insufficient to pay the cost of such work, such cost or any portion thereof, including a Ten Dollar ($10.00) administrative cost, shall be assessed as a special assessment against the parcel of land on which the structure was located and the City Clerk shall, at the time of certifying other City taxes, certify the unpaid portion of the aforesaid costs and the County Clerk shall extend the same on the tax rolls of the county against the lot or parcel of land. Whenever any structure is demolished, repaired or removed from any premises under the provision of this chapter, the City Clerk shall certify to the county assessor that such structure, describing the same, has been so repaired, removed or demolished.