Demolition by neglect.
Hattiesburg Code of Ordinances § 26-4
in effectSec. 26-4. - Demolition by neglect.
(a) Any building or structure which is a landmark and all buildings or structures within a historic district shall be preserved by the owner or such other person who may have the legal custody or control thereof against decay and deterioration and free from unreasonable structural defects. The owner or other person having legal custody and control thereof shall repair such building or structure if it is found to have one or more of the following defects:
(1) The deterioration of a building to the extent that it creates or permits a hazardous or unsafe condition as determined by the building official.
(2) The deterioration, as determined by the code enforcement official, of a building characterized by one or more of the following:
a. Those buildings which have parts thereof which are so attached that they may fall and injure persons or property;
b. Deteriorated or inadequate foundation;
c. Defective or deteriorated floor supports or floor supports insufficient to carry imposed loads with safety;
d. Members of walls or other vertical supports that split, lean, list or buckle due to defective material or deterioration;
e. Members of walls or other vertical supports that are insufficient to carry imposed loads with safety;
f. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split or buckle due to defective material or deterioration;
g. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are insufficient to carry imposed loads with safety;
h. Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration; or
i. Any fault, defect or condition in the building which renders the same structurally unsafe or not properly watertight.
(3) Conditions which cause deterioration as described in this section and determined by the code enforcement officer and are violations of the International Property Maintenance Code.
(b) If the commission makes a preliminary determination that a building or structure which is a landmark or is located within a conservation district is being demolished by neglect it shall direct the building official or code enforcement officer to notify the owner of the resource of this preliminary determination, stating the reasons therefor, and shall give the record owner 30 days from the date of mailing such notice or the posting thereof on the property, whichever comes later, to commence work to correct the specific defects as determined by the commission. Said notice shall be given as follows:
(1) By certified mail, restricted delivery, mailed to the last-known address of the record owner as listed on the county tax rolls; or
(2) If the above mailing procedure is not successful, notice shall be posted in a conspicuous, protected place on the resource involved.
(c) If the owner fails to commence work within the time allotted as evidenced by a building permit, the commission shall notify the owner in the manner provided above to appear at a public hearing before the commission at a date, time and place to be specified in said notice, which shall be mailed or posted at least 30 days before said hearing. For the purpose of ensuring lawful notice, a hearing may be continued to a new date and time. The commission shall receive evidence on the issue of whether the subject resource should be repaired and the owner may present evidence in rebuttal thereto. If, after such hearing, the commission shall determine that the resource is being demolished by neglect, it may direct the building official or code enforcement officer to bring misdemeanor charges against the owner if the necessary repairs are not completed within 60 days of the determination by the commission that the subject building or structure is being demolished by neglect.
(Code 1989, § 6-45; Ord. No. 2193, § 13, 6-25-1985)
Source: City of Hattiesburg, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/hattiesburg/codes/code_of_ordinances?nodeId=COOR_CH26HIPR_ARTIINGE_S26-4DENEFetched: 11/1/2026