§ 8-8A. Community development target areas.

In addition to the regulations contained in this chapter, the following regulations shall apply to those areas designated by city council as "community development target areas."

(a)

An inspector may declare residential and/or nonresidential buildings or structures to be unsafe if they meet the following conditions:

a.

It appears to be vacant or abandoned.

b.

It appears to be in such dilapidated condition as to cause or contribute to blight, disease, vagrancy, fire or safety hazard, to be a danger to children, or to tend to attract persons intent on criminal activities or other activities that would constitute a public nuisance.

(b)

If an inspector declares a building or structure to be unsafe under the aforementioned conditions, the inspector must affix a notice of the unsafe character of the structure in a conspicuous place on the exterior wall of the building.

(c)

In the case a building or structure is declared unsafe under these conditions, the city may, in lieu of taking action specified elsewhere in this chapter, cause the building or structure to be removed or demolished. The amounts incurred by the city in connection with the removal or demolition shall be a lien against the real property upon which the cost was incurred. If the building or structure is removed or demolished by the city, the city shall sell the usable materials of the building and any personal property, fixtures, or appurtenances found in or attached to the building. The city shall credit the proceeds of the sale against the cost of the removal or demolition. Any balance remaining from the sale shall be deposited with the clerk of superior court of the county where the property is located and shall be disbursed by the court to the person found to be entitled thereto by final order or decree of the court.

(d)

If the owner of a building or structure that has been condemned as unsafe pursuant to this section shall fail to take prompt corrective action, the inspector shall give him written notice, by certified or registered mail to his last known address or by personal service:

a.

That the building or structure is in condition that appears to meet one or more of the following conditions:

i.

Constitutes a fire or safety hazard;

ii.

Is dangerous to life, health, or other property;

iii.

Is likely to cause or contribute to blight, disease, vagrancy, or danger to children;

iv.

Has a tendency to attract persons intent on criminal activities or other activities which would constitute a public nuisance.

b.

That a hearing will be held before the inspector at a designated place and time, not later than ten (10) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and

c.

That following the hearing, the inspector may issue such order to repair, close, vacate, or demolish the building or structure as appears appropriate.

(e)

If the name or whereabouts of the owner cannot, after due diligence be discovered, the notice shall be considered properly and adequately served if a copy thereof is posted on the outside of the building or structure in question at least ten (10) days prior to the hearing and a notice of the hearing is published in a newspaper having general circulation in the city at least once not later than one week prior to the hearing.

(Ord. No. 2011-20, § 1(Att.), 6-13-11)