The building official shall give notice of a violation of this
code. Such notice shall be in writing and shall be via registered
or certified mail to the owner as per the tax rolls of the city. If
the owner’s address is different than the address shown for
the property involved, a notice shall also be sent to the address
of the property involved, addressed to the occupant of such address.
The notice shall constitute an order based upon findings of fact,
directing the owner and occupant to repair, vacate, or demolish such
building or otherwise comply with such order.
(Ordinance 2005-09-12-006, sec.
3-24, adopted 9/12/05; Ordinance
adopting Code)
The notice shall contain the following:
(1) The
name of the owner, occupant, and other persons with a legal interest
in the premises;
(2) The
street address or legal description of the premises;
(3) A
general description of the improvements;
(4) An
itemized statement or list of defects;
(5) Whether
or not repairs or correction of the defects shall be made so that
the building will comply with the terms of this code and, if so, a
list of the required repairs, or whether the building shall be demolished;
(6) Whether
or not the building shall be vacated by the occupants and, if so,
the date by which such vacation shall be effected;
(7) Whether
or not the building constitutes a fire menace; and
(8) A
statement of the time considered reasonable for the party receiving
notice to commence to vacate and/or make repairs or otherwise comply
with the requirements of the notice. A reasonable time shall not exceed
thirty (30) days, except in cases of unusual or extenuating circumstances.
The time to commence may be extended by the building official for
an additional period of up to sixty (60) days, provided, however,
an application for an extension is made by the owner, occupant, or
some other person interested in the property at least five (5) days
before the expiration of the time to commence vacation, repairs, or
demolition or otherwise comply with the notice. A reasonable time
to complete the vacation, repair, or demolition or otherwise comply
as provided in the notice and such reasonable time for completion
shall not exceed ninety (90) days from the date of notice unless the
time is extended by action of the city council.
(Ordinance 2005-09-12-006, sec.
3-25, adopted 9/12/05; Ordinance
adopting Code)
When the owner and/or occupant, and/or mortgagee, and/or other interested party, is absent from the city, all notices or orders provided for herein shall be sent, via registered mail or certified mail, to the owner, and/or occupant, and/or mortgagee, and/or all other persons having an interest in the dwelling or building, to the last known address of each. Such mailing and, in the case of dangerous or uninhabitable buildings, the posting described in section
3.04.034, shall be deemed adequate service.
(Ordinance 2005-09-12-006, sec.
3-26, adopted 9/12/05)
(a) If
the building official shall, upon inspection of any building within
the city, find the same to be uninhabitable and dangerous, he shall
place a placard on the uninhabitable and dangerous building reading
as follows:
WARNING
|
This building has been found to be an UNINHABITABLE AND DANGEROUS STRUCTURE by the Building Official. This building is to be vacated immediately. This placard is to remain on the structure until it is repaired or demolished in accordance with the notice dated __________ which has been mailed to all persons having an interest in this building or property as shown by the Tax Office of the City of Cameron. It is a violation of City Code Section 3.04.034(b), punishable by a fine up to $2,000, for anyone to remove this placard until such notice has been complied with.
|
Signed
|
______________________________________
Housing Official
|
(b) No
person shall occupy any building posted with such placard nor shall
any person deface, destroy, or remove any such placard.
(c) A
copy of such notice shall be posted in a conspicuous place on the
uninhabitable and dangerous dwelling or building to which it relates.
(Ordinance 2005-09-12-006, sec.
3-27, adopted 9/12/05; Ordinance
adopting Code)
When the placard authorized by section
3.04.034 has been posted on any building in the city found to be a violation of this code, the owner or occupant thereof shall render it secure from entry by unauthorized persons.
(Ordinance 2005-09-12-006, sec.
3-28, adopted 9/12/05)
Where any building, or portion thereof, fails to comply with the provisions of this code because of the particular use of such building, it shall be unlawful for any person to make such use or allow such use to be made of such building or portion thereof. Whenever a building is found to violate section
3.04.092 of this code and to present an immediate danger requiring demolition of the premises because of potential injury to the occupants, the building official shall order the immediate evacuation of the building, and it shall remain vacated until the danger is eliminated.
(Ordinance 2005-09-12-006, sec.
3-29, adopted 9/12/05; Ordinance
adopting Code)
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an uninhabitable and dangerous building is immediately repaired, vacated or demolished, the building official shall cause the immediate repair, vacation or demolition of such uninhabitable and dangerous building or dwelling. The costs of such emergency repair, vacation, demolition or other compliance shall be collected in the same manner as provided in section
3.04.094 of this code.
(Ordinance 2005-09-12-006, sec.
3-30, adopted 9/12/05; Ordinance
adopting Code)