§ 79-10. Vacant structures.

(a)

Structures that do not meet the criteria for demolition but which are unoccupied, vacant, unguarded, and open at the doors or windows, or which otherwise provide access to the interior may be temporarily secured at the direction of the county administrator or his designee after notice to the owner and interested parties of the condition and a reasonable time of not less than ten days is given for the owner or interested parties to secure the structure.

(b)

Materials or methods for securing the building or structure shall be as follows:

(1)

Windows and doors shall be repaired or replaced, closed, and locked to prevent unauthorized entry. Other openings shall be sealed with solid sheathing, consisting of one-inch boards or minimum one-half-inch exterior grade plywood or equivalent, securely nailed in place with 8d nails and painted a similar color as the main structure; or

(2)

Windows, doors, and other openings shall be secured with solid sheathing, consisting of one-inch boards or minimum one-half-inch exterior grade plywood or equivalent, securely nailed in place with 8d nails and painted a similar color as the main structure. Where there is no frame of where the frame is loose or defective, a subframe or two by four-inch lumber shall be provided to secure the sheathing.

(3)

The county administrator or his designee may approve alternatives or additions to the above methods, providing the alternatives or additions are at least equivalent to the above in strength.

(c)

If it is necessary for the county to temporarily secure a vacant structure in accordance with this chapter, the county may perform the work itself or may contract with an individual, firm, or other legal entity for such services. An invoice shall be submitted to the owner(s) for payment of the costs incurred by the county or its contractor. The owner(s) shall be required to pay all costs incurred, including any administrative costs, within 30 days of the date of the invoice. It is a violation of this chapter to fail to timely pay an invoice. If payment is not made by the owner(s) within 30 days of the date of the invoice, the county shall impose a lien/special assessment upon the property for the costs of securing the structure, administrative costs, and recording fees. The lien/special assessment shall be of the same priority as liens/special assessments for ad valorem taxes, and as it represents costs expended for the benefit of the property itself, the lien/special assessment shall be superior to all other encumbrances, whether secured and regardless of priority. Such lien/special assessment shall be duly recorded in the official records of the county and shall accrue interest at the rate of eight percent from the date of recording. Upon foreclosure of the lien/special assessment, the county shall be entitled to all costs and attorney's fees incurred as a result.

(Ord. No. 04-41, § 3, 9-8-04; Ord. No. 17-36, § 3, 9-26-17)