§ 27-30. Emergency proceedings in court of record.

(1)

If any owner or operator does not comply with an order of the manager, or if an emergency to public health exists, the manager may take whatever action as necessary to alleviate or eliminate the imminent hazard to public health, including without limitation, causing the demolition of any dwelling or part thereof concerned. Or, if any owner or operator does not comply with an order of the manager and causes or permits any such dwelling or part thereof concerned to remain vacant for a period of one (1) year, and the zoning administrator finds that such dwelling or part thereof cannot reasonably be utilized for any use by right lawful in the district in which the same is located, the zoning administration may join with the manager in causing the demolition of the dwelling or part thereof concerned. Or, if any owner or operator does not comply with an order of the manager and causes or permits any dwelling or part thereof concerned to remain vacant, and the chief of the fire department finds that such dwelling or part thereof constitutes a fire hazard, the chief of the fire department may join with the manager in causing the demolition of the dwelling or part thereof concerned and join in any other action determined necessary to alleviate or eliminate the imminent hazard to public health that requires assistance of the fire department.

(2)

The manager, zoning administrator, or chief of the fire department must file an appropriate proceeding against the owner of the dwelling in district court in and for the city under these provisions before actual demolition commences. The city is entitled to recover costs arising out of the proceedings, including attorney's fees, and costs of demolition.

(3)

The costs enumerated above, if not otherwise paid by the defendants or collected upon execution in the manner provided by law, shall constitute a lien against the property. In this event, the manager shall certify a statement thereof to the manager of finance, who shall record a notice of such lien with the clerk and recorder. The manager of finance shall assess and charge the same against the property involved, and collect the same due, plus interest thereon, in the manner as are delinquent real property taxes. If the lien remains unsatisfied, the manager of finance shall sell the property involved in the manner prescribed for sales of property for delinquent property taxes. The lien created hereby shall be superior and prior to all other liens, regardless of their dates of recordation, except liens for general taxes and special assessments. In addition to the remedies set forth herein, an action or other process provided by law may be maintained by the city to recover or collect any amounts, including interest, owing under this provision.

(Ord. No. 997-95, § 1, 12-4-95; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 464-98, § 2, 7-6-98; Ord. No. 500, § 17, 9-17-07; Ord. No. 775-07, § 71, 12-26-07)