§ 10-299. Enforcement of the order of building board of appeals.

(a)

If order not complied with, city may take action as provided herein. If the building is not vacated, secured, repaired, removed or demolished within the time specified by the order, the city may vacate, secure, repair, remove or demolish the building or relocate the occupants at its own expense, provided however:

(1)

Except as expressly provided otherwise in this article, the city may not act to remove or demolish a building until after the board has found:

a.

That such defects or conditions exist to the extent that the life, health, property or safety of the public or the occupants of the building are endangered; and either that:

b.

The building is infeasible of repair; or

c.

There is no reasonable probability that the building will be repaired within a reasonable period of time if additional time is given.

(2)

The city may only repair a building as provided herein to the extent necessary to correct the conditions which render the building dangerous, and may not act to repair a building unless:

a.

The board has made a determination that the building is likely to endanger person or property; and

b.

The building is a residential dwelling with ten or fewer dwelling units.

(3)

In the event there are mortgagors or lienholders, the city may only repair, remove or demolish the building after allowing the lienholder or mortgagee an additional 30 days after the time prescribed in the order has expired to complete the required work.

(4)

Remedial action by the city does not limit the ability of a municipality to collect on a bond or other financial guarantee that may be required by subsection 10-297(b)(4) of this article.

(b)

Posting of notice to vacate building. If the order requires vacation or if compliance is not had with the order within the time specified therein, the building official is authorized to require that the building be vacated. Notice to vacate shall be mailed by certified mail, return receipt requested to the occupant of the building and it shall be posted at or upon each entrance to the building and shall be in substantially the following form:

"SUBSTANDARD BUILDING
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building or to remove or deface this notice.
____________
Building Official, City of Saginaw"

(c)

Remedial action by city. Any repair or demolition work, or securing of the building shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided. Any surplus realized from the sale of such building, or from the demolition thereof, over and above the cost of demolition and cleaning of the lot, shall be paid over to the person or persons lawfully entitled thereto.

(d)

Failure to obey order. Any person to whom an order pursuant to section 10-297 is directed who fails, neglects or refuses to comply with such order shall be guilty of a misdemeanor and may be prosecuted in municipal court in addition to any other remedies available to the city provided herein.

(e)

Interference prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any person who owns or holds any estate or interest in the building which has been ordered repaired, vacated, demolished, removed or secured under the provisions of this article; or with any person to whom such building has been lawfully sold pursuant to the provisions of this article, whenever such officer, employee, contractor or authorized representative of the city, person having an interest or estate in such building, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing, removing or securing any such building pursuant to the provision of this article, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this article.

(f)

Permit required. Any work of closure, repair, removal or demolition by the property owner or any lienholder or mortgagee or their agents must be performed pursuant to valid unexpired permits issued by the city. All permits issued pursuant to an order of the board shall expire upon expiration of the time for compliance set forth in the order.

(Ord. No. 2011-09, § 1, 6-21-11)