[Ord. of 3-7-1983, § 4; Ord. of 10-1-1984]
The purpose of this division is to provide for the designation
of buildings or structures as hazardous and to provide the procedures
for the demolition of such buildings, which shall be carried out in
compliance with the requirements of this division.
[Ord. of 3-7-1983, § 4; Ord. of 10-1-1984]
All buildings or structures which have any or all of the following
defects shall be deemed to be hazardous buildings:
(1)
Unsanitary, constituting a hazard to health or safety because of
inadequate maintenance, dilapidation, neglect or abandonment, or because
of a lack of proper sanitation, or otherwise dangerous to life and/or
property; and/or
(2)
Buildings or any parts thereof which are in a dilapidated or filthy
condition which may endanger the life or health of persons living
in the vicinity.
[Ord. of 3-7-1983, § 4; Ord. of 10-1-1984]
This division shall be administered by the Director of Health,
who shall:
(1)
Determine if a certain structure or building appears to be a hazardous
building as defined above.
(2)
Upon determining that a structure or building is hazardous, the Director
shall give written notice to the owner, occupant, mortgages, lessee,
agent and all other persons having an interest in said building, as
shown by the land records of the City, to appear before him on the
date specified in the notice to show cause why the building or structure
reported to be hazardous should not be repaired or demolished.
(3)
Hold a hearing and hear such testimony as the owner, occupant, mortgagee,
lessee or any other person having an interest in said building, as
above provided, shall offer relative to the building in question.
(4)
At such hearing, the Director shall solicit the testimony, either
written or oral, of appropriate City departments as to the condition
of the building, which departments may include, but need not be limited
to, the Building Department, the Fire Department, the Health Department
and/or the Police Department.
(6)
Issue an order based upon the findings of fact made pursuant to Subsection (5), commanding the owner, occupant, mortgagee, lessee, agent and/or other persons having an interest in the building to repair or demolish the building found to be hazardous within a time to be specified in said order (i.e., 30 days).
[Ord. of 3-7-1983, § 4; Ord. of 10-1-1984]
Within 20 days after the order is served, the owner, occupant or other parties with an interest in said building may appeal the order, as provided in Section 11-24 of this article, to an appeal board for its review of the order, which order may be modified, extended or otherwise altered by said appeal board.
[Ord. of 3-7-1983, § 4; Ord. of 10-1-1984]
If the owner, occupant or other parties fail to comply with the order provided for in Section 11-141(6), and/or upon the expiration of the appeal period provided in Section 11-142, the Director shall cause such building or structure to be repaired or demolished as the facts may warrant, and shall notify the City Attorney's office of the costs of such repairs or demolition, which office shall cause the costs to be charged against the land on which the building existed as a municipal lien, or as a benefit assessment provided by Charter or to be recovered in a suit at law against the owner.
[Ord. of 3-7-1983, § 4; Ord. of 10-1-1984]
The provisions of this division shall be supplemental to the
existing municipal ordinances dealing with housing and/or public health,
and shall not limit the provisions of other local, state or federal
codes, regulations or statutes as they may apply.
