§ 38-9. Guidelines for acquiring damaged property.

(a)

When determined to be in the public interest, the board may negotiate with a property owner, or owners, whose improved real property has been damaged by the disaster for the purpose of acquiring such buildings and associated land or lots for transfer by sale, lease or donation to the county under the following conditions:

(1)

The property shall be located in an area affected by the disaster;

(2)

The property shall be free of any encumbrances; and

(3)

Any structure shall:

a.

Have been damaged substantially beyond repair or shall have been damaged to the extent that the cost of reconstruction or repair exceeds 49 percent of the replacement value of the building or structure at the time of the disaster; or

b.

Not be capable of repair because of the buildback policy set forth herein or due to significantly increased building costs; or

c.

Has been abandoned by its owner.

(b)

Property acquired under these conditions shall be dedicated for open space uses; uses which would not likely sustain damage in the event of a future disaster, or open space uses including parks for outdoor recreational activities, nature preserves or trails, beach access, unimproved parking lots, and structures functionally related to these uses such as, but not limited to, open-sided picnic facilities, refreshment stands, or other non-habitable structures primarily supporting the recreational activities.

(Ord. No. 2006-35, § 9)