Any frame building within the City limits which
has been or may be damaged by fire or otherwise to an amount greater
than one-third of the value thereof, exclusive of the value of the
foundation, shall not be repaired but shall be taken down. Such value
shall be determined by a commission consisting of three citizen freeholders,
to be selected as follows: One by the owner or agent of the building
damaged, one by the mayor or acting mayor of the City council and
the two thus selected to select the third. The finding of a majority
of the commission shall be in writing and shall be final in each case.
In case the owner or agent of the building damaged neglects or refuses
to select a member of the commission, the mayor or acting mayor of
the City council shall select two, who shall proceed in the manner
hereinbefore provided. In cases where an owner or agent selects one,
it shall be the duty of the owner or agent of any frame building damaged
as aforesaid to take the same down and remove it within ten days after
service of notice to remove, which notice shall be in writing and
signed by the mayor or acting mayor of the council and shall be served
by the police chief or some police officer personally on the owner
or agent of such building, when the same can be done. In case the
owner or agent of such building cannot be found within the City, the
service shall be by publication in one issue of some newspaper published
in the City. Any person violating the provisions of this section shall
be deemed guilty of a misdemeanor and, on conviction, shall be fined
in any sum not more than seven hundred fifty dollars for each offense,
and every attempt made by any person to repair such building after
service of notice to remove, as hereinbefore provided, shall be a
separate offense and shall be punished accordingly.
Amended by Ord. No. 81-41
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