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The city may examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if such is found to be an unsafe building as defined in this chapter, the city may give to the owner and/or responsible person(s), or both, written notice stating the defects thereof. A responsible person is anyone with managerial authority over the building, including managers, trustees, executors and settlors of trusts. The notice may require the owner and/or responsible person(s), within 48 hours or such reasonable time as the circumstances require, to comment either the required repairs or improvements or demolition and removal of the building or structure or portions thereof, and all such work shall be completed within 90 days from date of notice, unless otherwise stipulated by the city. If necessary, such notice may also require the building, structure, or other portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected, and approved by the city.

Statutory reference note: Iowa Code, Section 364.12(3)(h).

(1) Notice Served. Such notice shall be served in the manner provided for service of original notice in the Iowa Rules of Civil Procedure upon the owner or responsible person, if he shall be found within the city limits. If he is not found within the city limits such service may be made upon the owner or responsible person(s) by registered mail or certified mail, and the designated period within which said owner or responsible person(s) in charge is required to comply with the order of the city shall begin as of the date of mailing of such notice.

(2) Enforcement. The city may treat violations of the notice as municipal infractions, a criminal misdemeanor, and/or seek injunctive relief, requiring compliance with the notice. Each day of noncompliance shall be a separate municipal infraction and/or misdemeanor. An unsafe building is also declared to be a nuisance. The owner and/or responsible persons may be prosecuted pursuant to IGCC 8.10.090 for failure to abate the nuisance. [Ord. 526 § 1, 2009; Code 1975 § 2.3-1.04.]