Section 48.90  Non-Conforming Structures or Uses Abandoned or Destroyed

Whenever the Department determines that a non-conforming structure or use has been abandoned or more than 80 per cent torn down, destroyed, or deteriorated;

a)         No permit shall be granted that will allow such structure or use to exceed the applicable height limit or otherwise deviate from these zoning regulations; and

b)         Whether application is made for a permit, or not, the Department may, by appropriate action, compel the owner of the non-conforming structure or use, at his own expense, to lower, remove, reconstruct, or equip such structure or use as may be necessary to conform to these zoning regulations. If the owner of the non-conforming structure or use shall neglect or refuse to comply with such order within ten (10) days after notice thereof; the Department may proceed to have such structure or use so lowered, removed, reconstructed or equipped and shall have a lien, on behalf of the State, upon the land whereon it is or was located, in the amount of the cost and expense thereof.  Such lien may be enforced by the Department on behalf of the State by suit in equity for the enforcement thereof as in the case of other liens.