Title
An Ordinance Amending Ordinance No. 1076-08 Regarding the Repair and Demolition of Dilapidated Buildings and Structures that Constitute a Public Nuisance
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
Request an amendment to Ordinance No. 1076-08 Regarding the Repair and Demolition of Dilapidated Buildings and Structures that Constitute a Public Nuisance in order to add a section for unsanitary conditions that create a public nuisance. This is further defined as buildings must be connected to an AL Department of Public Health approved wastewater disposal system. If the owner fails to take action, the building must be vacated. Use of the building is prohibited until conditions are deemed sanitary.
SOURCE OF FUNDING:
Please provide the amount requested: ____N/A________
Is this a budgeted item? Yes /No
Please provide the budgeted amount: $_____________ Account No. ___________________________
If budgeted, is this a capital purchase, capital project, or special fund? _________________________
Was this item included in the Fiscal Year Capital Projects Plan? Yes/No
If yes, please provide the amount included in Capital Projects Plan: $___________
Body
WHEREAS, the City deems it necessary to amend Ordinance No. 1076-08 regarding the repair and demolition of dilapidated buildings and structures that constitute a public nuisance in order to include unsanitary conditions within the city limits.
BE IT ORDAINED that the Foley City Council as follows:
Section 1. Section 4-88. A. Findings and Purpose be amended as follows: The existence of unsafe, unsanitary and dilapidated buildings and structures within the city constitutes a public nuisance, the abatement of which burdens the city treasury and contributes to blight, disease and crime in neighborhoods.
Section 2. Section 4-90 Notice be amended as follows:
A. All buildings shall be maintained to prevent a public nuisance. Whenever the Official finds that any building situated in the city is unsafe or unsanitary to the extent that it is a public nuisance, the Official shall give the owner and all mortgagees of record notice to remedy the unsafe/unsanitary condition of the building. Notice shall be sent by certified or registered mail:
1. The owner's address on file in the revenue commissioner's office;
2. To the address of the property; and
3. To all mortgagees of record to the address set forth in the mortgage, or if no address is set forth in the mortgage, to the address determined to be the correct address by the Official.
B. The notice shall set forth in detail the basis for the Official's finding and shall direct the owner to take either of the following actions:
1. In the case where repair is required, accomplish the specified repairs or improvements within forty-five (45) days of the date appearing on the notice, or if the same cannot be repaired within that time, to provide the Official with a written work plan to accomplish the repairs. The work plan shall be submitted within forty-five (45) days of the making of the notice and shall be subject to the city's approval.
2. In the case where demolition is required, demolish the structure within forty-five (45) days of the date appearing on the notice.
3. If applicable connect or repair the connection to an approved sanitary sewer system (if available) or an Alabama Department of Public Health and City of Foley approved alternate wastewater disposal system within 60 (sixty) days. If the same cannot be connected or repaired within that time, to provide the Official with a written work plan to accomplish the repairs. The work plan shall be submitted within forty-five (45) days of the making of the notice and shall be subject to the city's approval.
4. The notice shall also state that in the event the owner does not comply within the time specified in the notice, the repairs or demolition shall be accomplished by the city and the costs of the repairs or demolition shall be assessed against the property.
C. The mailing of the certified or registered notice as specified in this section, properly addressed and postage prepaid, shall constitute notice as required herein. A copy of the notice shall also be posted at or within three (3) feet of an entrance to the building. If there is no entrance the notice may be posted at any location upon the building. The notice shall be posted on the building within three (3) days of the date the certified or registered notice was mailed.
D. If the owner fails to take action as directed by the Official, the city may take either of the following actions:
1. In the case where repair is required, repair the building at the expense of the city and assess the expenses of the repair on the land on which the building stands or to which it is attached.
2. In the case where demolition is required, demolish the building at the expense of the city and assess the expenses of the demolition on the land on which the building stands or to which it is attached.
3. If the notice required the actions set forth in Section 4.90(B)(3) above, then the City will issue an order requiring that the building be vacated within five (5) days of the date of the order and will prohibit the use or occupancy of the building until conditions are deemed sanitary by the Official.
(a) If any individual fails to vacate the building within five (5) days of the order requiring same, then said individual shall be subject to the provisions of Section 1-8 upon conviction.
Section 3. "The terms and provisions of this ordinance are severable. If any part or portion of this ordinance is declared invalid, void, or unconstitutional, that portion shall be deemed severed, and the remaining portions of the ordinance shall remain in full force and effect."
Section 4. All ordinances or parts of ordinances, in any manner conflicting herewith are hereby repealed.
Section 5. This ordinance shall become effective upon its publication as required by law.