i. Vacate & Close Nonresidential Building or Structure Order
If the Board of Commissioners has adopted an ordinance, or the Inspections Director or Code Enforcement Officer has issued an order, requiring the building or structure to be repaired, altered or improved, or vacated and closed, and where the building or structure has been vacated and closed for a period of two (2) years pursuant to the ordinance or order; then if the Town Board of Commissioners finds that the owner has abandoned the intent and purpose to repair, alter or improve the building or structure, and that the continuation of the building or structure in its vacated and closed status would be inimical to the health, safety and general welfare of the Town in that it would continue to deteriorate, would create a fire or safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, or would cause or contribute to blight and the deterioration of property values in the area; then the Town Board of Commissioners may, after the expiration of the two (2) year period, adopt an ordinance and serve such ordinance on the owner, setting forth the following: (1) Cost is Less Than or Equal to 50% . The ordinance shall require that if the cost to repair the nonresidential building or structure to bring it into compliance with the minimum standards is less than or equal to 50 percent (50%) of its then current value, that the owner, within 90 days, shall either:
A. Demolish & Remove . Demolish and remove the nonresidential building or structure.
B. Repair, Alter or Improve . Repair, alter or improve the nonresidential building or structure to bring it into compliance with the minimum standards established by this Article.
(2) Cost Exceeds 50% . The ordinance shall require that if the cost to repair the nonresidential building or structure to bring it into compliance with the minimum standards exceeds 50 percent (50%) of its then current value, the owner to demolish and remove the building or structure within 90 days. (3) 90 days to Repair or Demolish . The ordinance shall require that, if the owner does not either demolish and remove the nonresidential building or structure within 90 days or repair, alter, or improve the nonresidential building or structure to bring it into compliance with the minimum standards established by this Article within 90 days, then the Inspections Director or Code Enforcement Officer shall demolish and remove the nonresidential building or structure.
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