A.
Commencement
of Proceedings. Whenever the Building Official has inspected or caused
to be inspected any building and has found and determined that such
building is a dangerous building, he or she shall commence proceedings
to cause the repair, vacation or demolition of the building,
B.
Notice
and Order. The Building Official shall issue a notice and order directed
to the record owner of the building. The notice and order shall contain:
1.
The
street address and a legal description sufficient for identification
of the premises upon which the building is located.
2.
A statement that the Building Official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 15.08.100.
3.
A
statement of the action required to be taken as determined by the
Building Official.
a.
If the Building Official has determined that the building or structure
must be repaired, the order shall require that all permits be secured
therefor and the work physically commenced within such time, and completed
within such time as the Building Official shall determine is reasonable
under all of the circumstances.
b.
If the Building Official has determined that the building or structure
must be vacated, the order shall require that the building be vacated
within such time as the Building Official shall determine is reasonable.
c.
If the Building Official has determined that the building or structure
must be demolished, the order shall require that the building be vacated
within such time as the Building Official shall determine is reasonable,
not to exceed 60 days from the date of the order; that all required
permits be secured therefor within 60 days from the date of the order,
and that the demolition be completed within such time as the Building
Official shall determine is reasonable.
4.
Statements
advising that if any required repair or demolition work (without vacation
also being required) is not commenced within the time specified, the
Building Official (i) will order the building vacated and posted to
prevent further occupancy until the work is completed, and (ii) may
proceed to cause the work to be done and charge the costs thereof
against the property or its owner.
5.
Statements
advising: (1) that any person having any record title or legal interest
in the building may appeal from the notice and order or any action
of the Building Official to the Board of Appeals, provided the appeal
is made in writing as provided in this chapter and filed with the
Building Official within 30 days from the date of service of such
notice and order; and (2) that failure to appeal will constitute a
waiver of all right to an administrative hearing and determination
of the matter.
C.
Service
of Notice and Order. The Notice and Order, and any amended or supplemental
Notice and Order, shall be served upon the record owner and posted
on the property; and one copy thereof shall be served on each of the
following if known to the Building Official or disclosed from official
public records: The holder of any mortgage or deed of trust or other
lien or encumbrance of record; the owner or holder of any lease of
record; and the holder of any other estate or legal interest of record
in or to the building or the land on which it is located. The failure
of the Building Official to serve any person required herein to be
served shall not invalidate any proceedings hereunder as to any other
person duly served or relieve any such person from any duty or obligation
imposed on him or her by the provision of this section.
D.
Method
of Service. Service of the notice and order shall be made upon all
persons entitled thereto either personally or by mailing a copy of
such notice and order by certified mail, postage prepaid, return receipt
requested, to each such person at his or her address as it appears
on the last equalized assessment roll of the County or as known to
the Building Official. If no address of any such person so appears
or is known to the Building Official then a copy of the Notice and
Order shall be so mailed, addressed to such person, at the address
of the building involved in the proceedings. The failure of any such
person to receive such notice shall not affect the validity of any
proceedings taken under this section. Service by certified mail in
the manner herein provided shall be effective on the date of mailing.
E.
Proof
of Service. Proof of service of the Notice and Order shall be certified
to at the time of service by a written declaration under penalty of
perjury executed by the persons effecting service, declaring the time,
date, and manner in which service was made. The declaration, together
with any receipt card returned in acknowledgment of receipt by certified
mail shall be affixed to the copy of the notice and order retained
by the Building Official.
(Ord. 1079-A § 401, 2005)
If compliance is not had with the order within the time specified
therein, and no appeal has been properly and timely filed, the Building
Official shall file in the office of the City Recorder a certificate
describing the property and certifying: (1) that the building is a
dangerous building; and (2) that the owner has been so notified. Whenever
the corrections ordered shall thereafter have been completed or the
building demolished so that it no longer exists as a dangerous building
on the property described in the certificate, the Building Official
shall file a new certificate with the City Recorder, certifying that
the building has been demolished or all required corrections have
been made so that the building is no longer dangerous, whichever is
appropriate.
(Ord. 1079-A § 402, 2005)
The following standards shall be followed by the Building Official
(and by the Board of Appeals if an appeal is taken) in ordering the
repair, vacation or demolition of any dangerous building or structure.
A.
Any
building declared a dangerous building under this chapter shall either
be repaired in accordance with the current Building Code or shall
be demolished at the option of the building owner.
B.
If
the building or structure is in such condition as to make it immediately
dangerous to the life, limb, property or safety of the public or its
occupants, it shall be ordered to be vacated.
(Ord. 1079-A § 403, 2005)
A.
Posting. Every notice to vacate shall, in addition to being served as provided in Section 15.08.110(C), be in substantially the following form:
|
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, Or to remove or
deface this notice.
Building Official
City of Warrenton
|
B.
Compliance. Whenever such notice is posted, the Building Official shall include a notification thereof in the notice and order issued by him or her under subsection B of Section 15.08.110, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code. Any person violating this subsection shall be guilty of a misdemeanor.
(Ord. 1079-A § 404, 2005)
