§ 8-19. Demolition of damaged buildings and historic buildings by executive order.

(a)

Authority is granted to order the condemnation and demolition of buildings and structures damaged beyond repair, and which pose a danger to public health, safety and welfare under the standard provisions of the City Code of ordinances, except as otherwise indicated below.

(b)

Without notice of condemnation, at any time during the efficacy of this chapter, the manager may order the demolition and removal of any structure that poses a clear and present danger to public health, safety and welfare, not merely in need of repair, unfitness to occupy or to inhabit, but in real danger of fire, collapse, spread of disease, vermin or contagion, or danger to surrounding structures or buildings.

(c)

Condemnation and demolition of historic structures. Within ten days after the disaster, the building official shall notify the state historic preservation officer that one of the following actions will be taken with respect to any historic building or structure determined by the building official to represent an imminent hazard to public health and safety or to pose an imminent threat to the public right-of-way.

(1)

Where possible, within reasonable limits as determined by the building official, the building or structure shall be braced or shored in such a manner as to mitigate the hazard to public health and safety or the hazard to the public right-of-way;

(2)

Whenever bracing or shoring is determined not to be reasonable, the building official shall cause the building or structure to be condemned and immediately demolished. Such condemnation and demolition shall be performed in the interest of public health and safety without a condemnation hearing as otherwise required by the City Code. Prior to commencing demolition, the building official shall photographically record the entire building or structure.

(3)

Notice of condemnation. If, after the specified time frame noted in section 8-1 of this chapter and less than 30 days after the disaster, a historic building or structure is determined by the building official to represent a hazard to the health and safety of the public or to pose a threat to the public right-of-way, the building official shall duly notify the building owner of the intent to proceed with a condemnation hearing within ten business days of the notice in accordance with the Code of Ordinances; the building official shall also notify FEMA, in accordance with the National Historic Preservation Act of 1966, as amended, of the intent to hold a condemnation hearing.

(4)

Request to FEMA for approval to demolish. Within 30 days after the disaster, for any historic building or structure which the building official and the owner have agreed to demolish, the building official shall submit to FEMA, in accordance with the National Historic Preservation Act of 1966, as amended, a request for approval to demolish. Such request shall include all substantiating data.

(5)

If, after 30 days from the event, the building official and the owner of a historic building or structure agree that the building or structure should be demolished, such action will be subject to the review process established by the National Historic Preservation Act of 1966, as amended.

(Ord. No. 2013-51, § 2, 8-13-13)