The purpose of this Article is to authorize the summary abatement of buildings which present an immediate danger to the public and which require abatement in a more expeditious manner than otherwise authorized by this Chapter. Except as otherwise provided, all provisions of this Chapter shall apply to abatement conducted pursuant to this Article. )
(§ 1, Ord. 1797, eff. 7/9/1992)
The Building Official is authorized to determine, in his or her sole discretion, whether the condition of any existing structure constitutes an immediate danger to the public such that the condition creates a significant possibility of imminent injury to persons or property.
(§ 1, Ord. 1797, eff. 7/9/1992)
Upon determining that a structure constitutes an immediate danger to the public, the Building Official shall issue a written notice setting forth in general terms the factors which, in the opinion of the Building Official, make the structure an immediate danger. The notice shall designate the place and time, which time shall be no sooner than twenty-four (24) hours after the issuance of the notice, for a hearing before the Hearing Examiner. The Building Official shall post the notice on or near the dangerous structure. If the Building Official determines that the circumstances and time reasonably permit, the Building Official shall also attempt to directly notify the property owner and any other party of record with an equitable or legal interest in the property by telephone, telegraph, hand-delivery, facsimile or other reasonable means. Failure to give such additional notice shall not affect the adequacy of the posted notice or otherwise constitute a defect in the process authorized by this Article.
(§ 1, Ord. 1797, eff. 7/9/1992)
A hearing shall be conducted before the Hearing Examiner at the time and place specified in the notice. The hearing shall be conducted in accordance with the provisions of Article 4 above, except that the notice and decision provisions of this Article shall supersede sections 1-6.404 and 1-6.413.
(§ 1, Ord. 1797, eff. 7/9/1992)
At the close of the hearing, the Hearing Examiner shall determine whether the subject structure constitutes a public nuisance based on a preponderance of the evidence. The decision of the Hearing Examiner, together with the reasons therefor, may be given orally on the record or in writing within twenty-four (24) hours after the close of the hearing. If the decision is given orally, the Hearing Officer shall memorialize the decision in writing within twenty-four (24) hours after the close of the hearing. If the Hearing Examiner determines that the structure constitutes a public nuisance, the written decision shall direct the property owner or other party of record to abate the nuisance to the reasonable satisfaction of the Building Official within twenty-four (24) hours after issuance of the decision or such other time specified by the Hearing Examiner. The written decision shall inform the owner or other party of record that if the nuisance is not abated within the time specified, the nuisance may be abated in such a manner as may be ordered by the Hearing Examiner and the expense thereof made a lien on the property involved. The written decision shall be posted on or near the subject structure within twenty-four (24) hours after the issuance of the decision. If the Hearing Examiner determines that the circumstances and time reasonably permit, the Hearing Examiner shall also attempt to directly notify the property owner and any other party of record with an equitable or legal interest in the property by telephone, telegraph, hand-delivery, facsimile or other reasonable means. Failure to give such additional notice of the decision shall not affect the adequacy of the posted notice or otherwise constitute a defect in the process authorized by this Article.
(§ 1, Ord. 1797, eff. 7/9/1992)
Any abatement work done pursuant to the Article shall be performed in accordance with the Municipal Code, including but not limited to requirements for obtaining building and demolition permits.
(§ 1, Ord. 1797, eff. 7/9/1992)
If the Hearing Examiner determines that the structure is a public nuisance and the property owner or other party of record does not abate the nuisance to the satisfaction of the Building Official within the time specified by the Hearing Examiner, the City may abate the nuisance and assess the property in accordance with Article 5 above.
(§ 1, Ord. 1797, eff. 7/9/1992)