[HISTORY: Adopted by the Board of Commissioners of the City of Margate City 7-22-1976 as Ch. 69 of the 1976 Code.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Demolition of buildings — See Ch. 91.
Unfit buildings — See Ch. 98.
Uniform construction codes — See Ch. 110.
Housing standards — See Ch. 161.
Property maintenance — See Ch. 215.
[1]
Editor's Note: Chapter 69 of the 1976 Code was originally derived from Ord. No. 936, adopted 2-26-76.
Any building, wall or structure which is or may become dangerous to life or health or which may tend to extend a conflagration shall be removed or destroyed, and the cost thereof shall be assessed as a municipal lien against said premises.
[Amended 1-25-1988 by Ord. No. 1988-1]
The Construction Code Official of the City shall be the officer whose duty it shall be to file a written complaint with the Board of Commissioners concerning any building, wall or structure in said City which is or may become dangerous to life or health or which might tend to extend a conflagration.
[Amended 1-25-1988 by Ord. No. 1988-1]
Before any proceeding is taken pursuant to the provisions hereof and pursuant to the complaint of the Construction Code Official, the Board of Commissioners shall, by resolution, cause notice of the contemplated removal or destruction of any such building, wall or structure to be given to the owner or owners of any land affected thereby. Such notice shall contain a description of the property affected, sufficiently definite in terms to identify the same, as well as a description of the manner in which such removal or destruction is to be carried out, and a notice that unless such building, wall or structure is removed or destroyed within 30 days after the service of such notice, the Board of Commissioners will proceed with such removal or destruction or cause the same to be proceeded with. Such notice may be served upon the owner or owners resident in the City of Margate City, in person or by leaving the same at his or their usual place of residence with a member of his family above the age of 14 years. In case any such owner shall not reside in the City of Margate City, notice may be served upon him or her personally or by mail to his or her last known post office address, or it may be served upon the occupant of the property or upon the agent of the owner in charge thereof. In case the owner of any such property is unknown or service cannot be made for any reason as above directed, notice thereof shall be published at least once, not less than 30 days before the proposed removal or destruction, in a newspaper circulating in the City of Margate City. There may be inserted in said advertisement notice to the owner or owners of several different parcels of land. Notice to infant owners or owners of unsound mind shall be serve upon their guardians. Where lands are held in trust, service shall be made upon the trustee. Where lands are held by two or more joint tenants, tenants in common or tenants by the entirety, service upon one of such owners shall be sufficient and shall be deemed and taken as notice to all. Proof of service of such notice shall be filed within 10 days thereafter with the officer having charge of the record of tax liens in the City, but failure to file the same shall not invalidate the proceedings if service has actually been made as herein provided.
When any such removal or destruction shall have been undertaken and completed by the City of Margate City, an accurate account of the cost and expense thereof shall be kept by the officer of the City in charge of such removal or destruction and filed with the City Clerk. The Board of Commissioners shall examine the same and, if the same is properly made, shall confirm it and file such report with the City Assessor, who shall assess the costs thereof as a municipal lien against said premises.
[Amended 1-25-1988 by Ord. No. 1988-1]
The Construction Code Official is hereby designated as the officer charged with the supervision of the removal or destruction of any building, wall or structure which is or may become dangerous to life or health or which might tend to extend a conflagration.
[Amended 1-25-1988 by Ord. No. 1988-1]
Any owner or owners or occupant or other person having any lien or claim upon the premises on which is situate any such building, wall or structure, desiring to contest the right of the City to remove or destroy any such building, wall or structure because he or she contends it is not dangerous to life or health or might not tend to extend a conflagration, may file a written protest against such contemplated removal or destruction with the City Clerk before the time has expired in the notice as hereinabove provided, setting forth his or her objection and his or her post office address, in which case the City Clerk shall present the matter to the Board of Commissioners and to the Construction Code Official of said City. The Board of Commissioners shall thereafter, on not less than 10 days' written notice, mailed by the City Clerk to such person's or persons' post office address designated in said written objection, fix a time and place for the hearing of said objection. After such hearing, the Board of Commissioners shall either pass a resolution not to proceed or to proceed with the destruction or removal of any such building, wall or structure which is or may become dangerous to life or health or which might tend to extend a conflagration. If the resolution is to proceed with the destruction or removal, the Construction Code Official shall, upon the expiration of the time prescribed in the original notice hereinabove provided, proceed forthwith with the removal or destruction of the same.