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1988_Ordinances
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1988_Ordinances
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• Sec. 5-44. Owner options upon condemnation. <br />Upon condemnation, an owner may choose any one of the <br />following options: <br />(a) Remove the building, wall or other structure and <br />restore the premises to a safe and sanitary condition; or <br />(b) Restore the condemned building, wall or other structure <br />to a condition fit for human use or occupancy, as applicable, in <br />accordance with the standards established in this chapter; or <br />(c) If the building, wall or other structure is not in <br />danger of structural collapse, as determined by the enforcing <br />officer, secure it against unauthorized entry or use according to <br />instructions of the enforcing officer and keep it so secured and <br />free of any violations of this chapter. This option is not <br />available if the building, wall or other structure is in danger <br />of structural collapse, as determined by the enforcing officer. <br />Sec. 5-45. Removal or restoration of condemned buildings. <br />(a) If the owner of a condemned building, wall or other <br />structure does not comply with the enforcing officer's final <br />• order or the decision of the Building Code Board of Appeals <br />affirming or modifying such order, the enforcing officer may <br />request that the city attorney institute the necessary court <br />proceeding in the name of the city to have such building, wall or <br />other structure declared unfit for human use or habitation and a <br />menace to health and safety, and to obtain a suitable order from <br />the circuit court against the owner requiring such building, wall <br />or other structure to be removed or restored to a condition fit <br />for human use or habitation, as applicable, within a specified <br />time in accordance with the standards established in this <br />chapter. <br />(b) In the event of such court proceeding initiated by the <br />city, the enforcing officer's final order or, if applicable, the <br />decision of the Building Code Board of Appeals affirming or <br />modifying such order, shall be prima facie evidence that such <br />building, wall or other structure is unfit for human use or <br />habitation and is a menace to health and safety. The burden <br />shall be upon the owner to prove otherwise by clear and <br />convincing evidence. <br />(c) If the city must seek a court order to obtain com- <br />pliance with the enforcing officer's final order of condemnation <br />or, if applicable, the decision of the Building Code Board of <br />Appeals affirming or modifying such order, then the court, if it <br />finds the building, wall or other structure to be unfit for human <br />• use or habitation and a menace to health and safety, shall order <br />E <br />
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