48-10. Demolition

  1. General. The Code official shall order the owner of any premises upon which is located any structure, which in the Code official’s judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than six months, to demolish and remove such structure. The structure shall be deemed irreparable if the cost of repairs exceeds fifty percent of the fair market value of the structure.
  2. Notices and orders. All notices and orders shall comply with Section 48-7.

  3. Failure to comply. If the owner of a premise fails to comply with a demolition order within the time prescribed, the Code official shall cause the structure to be demolished and re­moved, either through an available public agency or by contract or arrangement with private persons, and the cost of such de­molition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 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. 

  4. Abandonment of Intent to Repair. If the dwelling has been vacated and closed for a period of six months pursuant to an ordinance adopted pursuant to Section 48-7 or after a public officer issues an order o r proceedings have commenced under the substandard housing regulations regarding a dwelling to be repaired or vacated and closed as provided in this section, then the Zoning Board of Adjustment may 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, and welfare of the county 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 that 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 Adjustment may, after the expiration of a six month period, enact an ordinance and serve such ordinance to the owner setting forth the following: if its determined that the repair of the dwelling to render it fit for human habitation can be made at a cost no exceeding fifty percent (50%) of the then current value of the dwelling, the ordinance shall require that the owner either repair of demolish and remove the dwelling within 90 days, or 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 fifty percent (50%) of the then current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within 90 days.

  5. Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.