"Consultant: The Board of Appeals may, by majority
vote, hire independent consultants to advise the Board with regard
to matters in which particular expertise may be required. The cost
of any such consultant shall be borne by the applicant prior to the
incurring of any such expense. The refusal of the applicant to accept
responsibility for such costs shall be grounds for the dismissal of
any application or appeal."[2]
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In order to prevent blight, to protect the integrity of the
applicable business or residential zone, and to protect the health,
safety, and welfare of the surrounding area, no structure or any part
thereof shall be boarded up in any fashion except under the following
circumstances:
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1.
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Following a fire, explosion, automobile-related damage, or other
similar casualty, the windows, doors, or portions of the exterior
structure may be boarded up in order to secure and stabilize the building.
The Code Enforcement Officer (CEO) shall be contacted the next available
business day to discuss the stabilization of the building. The initial
approval period for such action will be for 45 days from the date
of the incident. Following the expiration of this initial time frame
any request for a second forty-five-day approval period must demonstrate
that there is a viable time line to initiate the work for the restoration
of the structure. An approved building permit must be in place for
the second approval period to be issued.
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2.
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An extension of the collective ninety-day period allowing portions
of a structure to be boarded up shall only be approved if compelling
evidence is submitted to the CEO that additional time is necessary
to finalize insurance claims or an approval for the restoration work
from the person or institution which holds the mortgage on the property.
The CEO reserves the right to ask for any and all documentation necessary
to substantiate a claim that an extension is necessary. For any extension
beyond the ninety-day period outlined in Subsection 1 above, the wood
or other material used to board up the building shall be painted to
match the color scheme of the existing building.
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3.
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For any structure for which a building permit has been obtained,
no portion of the structure shall be boarded up without the approval
of the CEO. The request to permit such boarding up shall include a
time frame for the completion of the exterior repairs or improvements.
The forty-five-day and ninety-day time lines outlined above shall
apply.
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4.
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For any vacant structure, the CEO may order or otherwise authorize
the boarding up of the structure.
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5.
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All work and stabilization work approved under these provisions
shall be completed in a professional and workmanlike manner as determined
by the CEO, who reserves the right to order corrective work to insure
the protection of the public's health, safety, and welfare and the
integrity of the surrounding area. No materials used to board up or
stabilize a structure shall be placed on City land (sidewalk, right-of-way,
etc.) without the permission of the Municipal Services Director and
the City Manager. Additionally, the CEO may require that the plywood
or other material is painted to match the existing color scheme of
the building.
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The enforcement provisions of this code shall apply to all activities
and work pursuant to this section.
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