§ 11-22-112. Condemnation – Procedures – Administrative officer or body – Definitions - Nuisance – Damages or loss of property – Agricultural property.

A.  A municipal governing body may cause dilapidated buildings within the municipal limits to be torn down and removed in accordance with the following procedures:

1.  At least ten (10) days' notice that a building is to be torn down or removed shall be given to the owner of the property before the governing body holds a hearing.  A copy of the notice shall be posted on the property to be affected.  In addition, a copy of the notice shall be sent by mail to the property owner at the address shown by the current year's tax rolls in the office of the county treasurer.  Written notice shall also be mailed to any mortgage holder as shown by the records in the office of the county clerk to the last-known address of the mortgagee.  At the time of mailing of notice to any property owner or mortgage holder, the municipality shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.  However, if neither the property owner nor mortgage holder can be located, notice may be given by posting a copy of the notice on the property, or by publication as defined in Section 1-102 of this title.  The notice may be published once not less than ten (10) days prior to any hearing or action by the municipality pursuant to the provisions of this section;

2.  A hearing shall be held by the governing body to determine if the property is dilapidated and has become detrimental to the health, safety, or welfare of the general public and the community, or if the property creates a fire hazard which is dangerous to other property;

3.  Pursuant to a finding that the condition of the property constitutes a detriment or a hazard and that the property would be benefited by the removal of such conditions, the governing body may cause the dilapidated building to be torn down and removed.  The governing body shall fix reasonable dates for the commencement and completion of the work.  The municipal clerk shall immediately file a notice of dilapidation and lien with the county clerk describing the property, the findings of the municipality at the hearing, and stating that the municipality claims a lien on the property for the destruction and removal costs and that such costs are the personal obligation of the property owner from and after the date of filing of the notice.  The agents of the municipality are granted the right of entry on the property for the performance of the necessary duties as a governmental function of the municipality if the work is not performed by the property owner within dates fixed by the governing body.  Any action to challenge the order of the municipal governing body shall be filed within thirty (30) business days from the date of the order;

4.  The governing body shall determine the actual cost of the dismantling and removal of dilapidated buildings and any other expenses that may be necessary in conjunction with the dismantling and removal of the buildings, including the cost of notice and mailing.  The municipal clerk shall forward a statement of the actual cost attributable to the dismantling and removal of the buildings and a demand for payment of such costs, by mail to the property owner.  In addition, a copy of the statement shall be mailed to any mortgage holder at the address provided for in paragraph 1 of this subsection.  At the time of mailing of the statement of costs to any property owner or mortgage holder, the municipality shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.  If a municipality dismantles or removes any dilapidated buildings, the cost to the property owner shall not exceed the actual cost of the labor, maintenance, and equipment required for the dismantling and removal of the dilapidated buildings.  If dismantling and removal of the dilapidated buildings is done on a private contract basis, the contract shall be awarded to the lowest and best bidder; and

5.  When payment is made to the municipality for costs incurred, the municipal clerk shall file a release of lien, but if payment attributable to the actual cost of the dismantling and removal of the buildings is not made within six (6) months from the date of the mailing of the statement to the owner of such property, the municipal clerk shall forward a certified statement of the amount of the cost to the county treasurer of the county in which the property is located.  Once certified to the county treasurer, payment may only be made to the county treasurer except as otherwise provided for in this section.  The costs shall be levied on the property and collected by the county treasurer as are other taxes authorized by law.  Until finally paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date of the notice of dilapidation and lien is filed with the county clerk.  In addition the cost and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the county clerk.  The lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property.  The lien shall continue until the cost is fully paid.  At the time of collection, the county treasurer shall collect a fee of Five Dollars ($5.00) for each parcel of property.  The fee shall be deposited to the credit of the general fund of the county.  If the county treasurer and the municipality agree that the county treasurer is unable to collect the assessment, the municipality may pursue a civil remedy for collection of the amount owing and interest thereon including an action in personam against the property owner and an action in rem to foreclose its lien against the property.  A mineral interest, if severed from the surface interest and not owned by the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section.  Upon receiving payment, the municipal clerk shall forward to the county treasurer a notice of such payment and shall direct discharge of the lien.

B.  The municipality may designate, by ordinance, an administrative officer or administrative body to carry out the duties of the governing body specified in this section.  The property owner shall have the right of appeal to the municipal governing body from any order of the administrative officer or administrative body.  Such appeal shall be taken by filing written notice of appeal with the municipal clerk within ten (10) days after the administrative order is rendered.

C.  For the purposes of this section:

1.  “Dilapidated building” means:

a.a structure which through neglect or injury lacks necessary repairs or otherwise is in a state of decay or partial ruin to such an extent that the structure is a hazard to the health, safety, or welfare of the general public,

b.a structure which is unfit for human occupancy due to the lack of necessary repairs and is considered uninhabitable or is a hazard to the health, safety, and welfare of the general public,

c.a structure which is determined by the municipal governing body or administrative officer of the municipal governing body to be an unsecured building, as defined by Section 22-112.1 of this title, more than three times within any twelve-month period,

d.a structure which has been boarded and secured, as defined by Section 22-112.1 of this title, for more than eighteen (18) consecutive months, or

e.a structure declared by the municipal governing body to constitute a public nuisance; and

2.  “Owner” means the owner of record as shown by the most current tax rolls of the county treasurer.

D.  Nothing in the provisions of this section shall prevent the municipality from abating a dilapidated building as a nuisance or otherwise exercising its police power to protect the health, safety, or welfare of the general public.

E.  The officers, employees or agents of the municipality shall not be liable for any damages or loss of property due to the removal of dilapidated buildings performed pursuant to the provisions of this section or as otherwise prescribed by law.

F.  The provisions of this section shall not apply to any property zoned and used for agricultural purposes.

Added by Laws 1977, c. 256, § 22-112, eff. July 1, 1978.  Amended by Laws 1984, c. 126, § 42, eff. Nov. 1, 1984; Laws 1988, c. 152, § 1, eff. Nov. 1, 1988; Laws 1989, c. 5, § 2, emerg. eff. March 22, 1989; Laws 1990, c. 253, § 2, emerg. eff. May 22, 1990; Laws 1997, c. 83, § 1, eff. Nov. 1, 1997; Laws 1999, c. 343, § 2, eff. Nov. 1, 1999; Laws 2000, c. 82, § 2, eff. Nov. 1, 2000; Laws 2004, c. 314, § 1, eff. Nov. 1, 2004; Laws 2011, c. 52, § 1, eff. Nov. 1, 2011.