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City attorney outlines hazardous‑building process and court steps for persistent property blight
Summary
City attorney Cynthia Kirkoff presented Chapter 463 procedures for declaring hazardous buildings, describing inspection, orders, possible administrative search warrants, court involvement and special assessments against property owners when remediation is needed.
City attorney Cynthia Kirkoff walked the council through the statutory process the city can use to address hazardous buildings under Chapter 463, emphasizing the roles of the building official, the council and the courts.
Kirkoff said the building official compiles inspection notes and photographs that form the factual basis for a council order. If a property owner fails to act after notice, the city can seek a district‑court judgment to authorize demolition or repairs and then seek special assessments to recover costs. “If the owner files an answer to the order, state law says it follows a civil litigation process,” Kirkoff said, describing potential trials and court oversight of allowable assessments. She emphasized that staff should document each step carefully because the record will be key if the matter proceeds to court.
Council members discussed balancing property‑rights concerns with public‑safety risks and asked staff to propose clear timeframes and milestone requirements for remediation efforts so the council can be confident it has exhausted administrative remedies before escalating to court.
