§ 50-73. Failure to comply with order regarding dwelling.

(a)

If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the public officer may cause the dwelling to be repaired, altered or improved or to be vacated and closed. The public officer may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words:

"This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful."

(b)

Occupation of a building so posted shall constitute a Class 1 misdemeanor. The duties of the public officer set forth in this section shall not be exercised until the board of commissioners shall have, by ordinance, ordered the public officer to proceed to effectuate the purpose of this article with respect to the particular property which the public officer shall have found to be unfit for human habitation and which property shall be described in the ordinance. This article shall be recorded in the office of the register of deeds in the county wherein the property is located and shall be indexed in the name of the property owner in the grantor index.

(c)

If the owner fails to comply with an order to remove or demolish the dwelling, the public officer may cause such dwelling to be removed or demolished. The duties of the public officer set forth in this subdivision shall not be exercised until the board of commissioners shall have, by ordinance, ordered the public officer to proceed to effectuate the purpose of this article with respect to the particular property which the public officer shall have found to be unfit for human habitation and which property shall be described in the ordinance. No such ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the housing code. This article shall be recorded in the office of the register of deeds in the county wherein the property is located and shall be indexed in the name of the property owner in the grantor index.

(d)

If the owner fails to comply with an order to remove or demolish the dwelling, the public officer may cause such dwelling to be removed or demolished. The duties of the public officer set forth in this subdivision shall not be exercised until the board of commissioners shall have by ordinance ordered the public officer to proceed to effectuate the purpose of this article with respect to the particular property which the public officer shall have found to be unfit for human habitation and which property shall be described in the ordinance. No such ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the housing code. This article shall be recorded in the office of the register of deeds in the county wherein the property is located and shall be indexed in the name of the property owner in the grantor index.

(e)

If the board of commissioners shall have adopted an ordinance ordering the public officer to effectuate the purpose of this article regarding a specific property which the officer found unfit for human habitation, or the public officer shall have issued an order, ordering a dwelling to be repaired or vacated and closed, and if the dwelling has been vacated and closed for a period of one year pursuant to the ordinance or order, then if the board of commissioners shall find that the owner has abandoned the intent and purpose to repair, alter or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, morals and welfare of the municipality in that the dwelling would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area, and would render unavailable property and a dwelling which might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this state, then in such circumstances, the board of commissioners may, after the expiration of such one-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:

(1)

If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding 50 percent of the then-current value of the dwelling, the ordinance shall require that the owner either repair or demolish and remove the dwelling within 90 days; or

(2)

If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding 50 percent of the then-current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within 90 days.

(f)

This article shall be recorded in the office of the register of deeds in the county wherein the property is located and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this article, the public officer shall effectuate the purpose of the article.

(Code 1999, § 50-78(c))