Phil Campbell adopts buildings ordinance
PHIL CAMPBELL — Town councilmembers have approved a buildings ordinance which establishes requirements for inspections, notices, hearings and enforcement actions when needed.
The new ordinance also addresses costs, liens, and penalties tied to the enforcement actions.
“This one [ordinance] is better, more detailed, and it has the criminal penalties in there, too,” Town Attorney Nathan Johnson said. “It gives a little more bite.”
Johnson said the ordinance allows town officials to bring cases before the municipal court, and it allows fines of up to $500 per offense. Each day a violation continues counts as a separate offense.
“So, technically, it could be $500 a day,” Johnson said of the financial penalties.
Mayor Greg Williams said the ordinance gives the town a way to push owners of buildings to make necessary building upgrades, including a group of downtown properties that have been the subject of ongoing concerns for town officials.
“It’s just a better bargaining tool for the city to help keep the city cleaned up, kept up and safe,” Williams said.
Williams asked whether the ordinance applies to old houses that are falling down.
Johnson said the term “buildings” includes houses, as well as other residential and nonresidential structures.
The ordinance authorizes a designated municipal official to inspect properties and carry out enforcement steps. That official can issue notices and initiate municipal court actions without a specific directive from the council.
When the designated official finds a building unsafe, the ordinance states the town must notify owners by certified or registered mail. The town must also post notice on or near the building and record the notice in the county probate office.
The notice must describe the conditions cited. It must also give the owner time to make repairs, submit a plan, or move or demolish the structure, depending on the situation.
The ordinance provides for a hearing if an owner does not comply. The hearing gives the owner a chance to object to the findings.
If the council determines a building qualifies as a public nuisance under the ordinance, it can order repairs. It can also require the building to be vacated or order it moved or demolished.
If the town carries out the moving or demolition work, it can assess the cost against the property. After the council determines the final cost, the assessment can become a lien on the property. The town can collect the lien the same way it collects taxes, including by adding it to the property’s tax bill.
The ordinance includes an emergency action section. Johnson said that section applies when a building poses an imminent danger of collapse or threatens human life, nearby property or the public right-of-way.
In special action cases, the town can order a building made safe, be secured or removed without waiting for the normal process.
The ordinance also makes it unlawful to ignore notices or interfere with enforcement. Willful violations can carry additional penalties, including possible jail time.
Johnson said he modeled the ordinance largely on a similar ordinance used by the city of Sheffield.
