2025 10 21 Regular Session Packet

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13-65 Failure Of Owner To Remove Or Demolish
If the owner fails to comply with an order as set forth in ACC 13-63(b), the city manager may cause
such structure to be removed or demolished.
(Code 1972, § 4-808; Code 1995, § 13-308)
13-66 Creation Of Lien And Payment Into Court
The amount of the cost of such repairs, alterations or improvements or vacating and closing or removal
or demolition by the city manager shall be a lien against the real property on which such cost was
incurred. If the structure is removed or demolished by the city manager, he shall sell the materials of
such structure and shall credit the proceeds of such sale against the cost of the removal or demolition
and any balance remaining shall be deposited in the chancery court by the city manager, shall be
secured in such manner as may be directed by such court and shall be disbursed by such court to the
person found to be entitled thereto by final order or decree of such court; provided, however, that
nothing in this section shall be construed to impair or limit in any way the power of the city to define and
declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
(Code 1972, § 4-809; Code 1995, § 13-309)
13-67 Conditions Rendering Structure Unfit For Human Habitation And Use
In addition to the other standards set forth in this chapter, the city manager or his authorized agent may
determine that a structure is unfit for human habitation or public use if he finds that conditions exist in
such structure which are dangerous or injurious to the health, safety or morals of the occupants of such
structures, the occupants of neighboring dwellings or other residents of the city; such conditions may
include the following (but without limiting the generality of the foregoing): defects in increasing the
hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities;
dilapidation; disrepair; structural defects; and uncleanliness.
(Code 1972, § 4-810; Code 1995, § 13-310)
13-68 Service Of Complaints Or Orders
Complaints or orders issued by the city manager pursuant to the requirements of this chapter shall be
served upon persons either personally or by registered mail, but if the whereabouts of such persons are
unknown and the same cannot be ascertained by the city manager in the exercise of reasonable
diligence and the city manager or his authorized agent shall make affidavit to that effect, then the
serving of such complaint or order upon such persons may be made by publishing the same once each
week for two consecutive weeks in a newspaper printed and published in the city. A copy of such
complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or
order. A copy of such complaint or order shall also be filed for record in the county register's office in
which the structure is located and such filing of the complaint or order shall have the same force and
effect as other lis pendens notices provided by law.
(Code 1972, § 4-811; Code 1995, § 13-311)
13-69 Enjoining Enforcement Of Order
(1) Any person affected by an order issued by the city manager or his authorized agent may file a
bill in the chancery court for an injunction restraining the manager from carrying out the
provisions of the order and the court may, upon the filing of such bill, issue a temporary
injunction restraining the manager pending the final disposition of the cause; provided, however,
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