A. Authority to Abate.
1. The summary abatement of Code violations and public nuisances is hereby authorized, in accordance with the procedures set forth in this Section, where the enforcement officer, based on the facts then known, determines that any condition or violation of the Code or other situation presents an imminent danger or hazard or is imminently injurious to the public health or safety.
2. No person shall remain in or enter any building, dwelling or structure which has been posted with a notice to vacate or a “Do Not Enter - Unsafe to Occupy” sign by an enforcement officer, except that entry may be made to repair, demolish or remove such building, dwelling or structure with permission of the City Building Official.
B. Summary Procedures.
1. Notwithstanding any other provision of this Chapter to the contrary, summary abatement shall be conducted in accordance with the following procedures:
a. The enforcement officer shall document the facts then known which support his determination that a condition presents an imminent danger or hazard or is imminently injurious to the public health or safety.
b. The enforcement officer shall attempt to make telephonic or personal contact with the responsible person. In the event such contact is made, the enforcement officer shall orally, or in writing, require the immediate abatement of the imminently dangerous, hazardous or injurious public nuisance, or order the vacation of the buildings, dwellings or structures as provided for in Section 1.20.070.C. of this Chapter, so as to preclude harm to any life or property.
c. If the enforcement officer is unable to make contact as herein above noted or if the responsible person, after notification by the enforcement officer, does not abate the public nuisance or vacate the buildings, dwellings or structures within the required period, then the enforcement officer is authorized to take all actions deemed reasonably necessary to correct the Code violation or abate the public nuisance with the use of City forces or its agents or representatives.
d. The enforcement officer shall keep an itemized account of the enforcement and abatement costs incurred by the City in correcting the Code violation or abating the public nuisance and serve the appropriate administrative citation and enforcement and abatement cost statement and invoice on the responsible party pursuant to Section 1.20.060.C. of this Chapter after the correction or abatement is completed.
2. As an alternative to the procedure provided in Section 1.20.070.B., the City may, at its discretion, utilize the procedures provided for under the most recent version of the Uniform Code for the Abatement of Dangerous Buildings.
3. The responsible person shall be liable for payment of all enforcement and abatement costs incurred by the City, pursuant to Chapter 1.22 of this Code.
C. Notice to Vacate.
1. In accordance with the procedures provided in Section 1.20.070.B. of this Chapter, whenever a building, dwelling or structure is in such condition to make it imminently dangerous, hazardous or injurious to the life, limb, property or the safety of the public or of the occupants, it shall be ordered to be vacated. Any building, dwelling or structure whereby improper maintenance has rendered it unsanitary or unhealthful such that it is unfit for human habitation, shall be vacated until the unsanitary or unhealthful conditions are abated. For purposes of this Section, connection to necessary utilities such as water, electric, gas and sewer (or functional, approved septic system) shall be required to be considered sanitary and healthful and to make a building, dwelling or structure fit for human habitation.
2. The enforcement officer shall issue a notice to vacate. The notice to vacate shall be posted on the building or structure in a conspicuous manner. Promptly thereafter, the enforcement officer shall mail a copy of the notice to the responsible person and each tenant if addresses for same are reasonably obtainable, by certified mail, postage prepaid. In addition to the notice to vacate, the enforcement officer shall post on each exit on the building, dwelling or structure that is required to be vacated, a sign substantially in the following form:
DO NOT ENTER |
UNSAFE TO OCCUPY |
It is a violation of City Ordinance to occupy this building or to remove or deface this notice. |
Building Official Date |
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 with permission of the City building official. |
3. When the cause for the notice to vacate has been abated, the enforcement officer shall promptly remove any posted notice to vacate or “Do Not Enter - Unsafe to Occupy” sign, and the responsible person and/or the tenants and occupants may be allowed to reoccupy the building, dwelling or structure even if further Code violations or public nuisances exist provided that none render the building, dwelling or structure unsanitary, unhealthful or unsafe such that it is unfit for human habitation or imminently dangerous, hazardous or injurious to the health and safety of the occupant.
[Ord. No. 568, Section 6, 5/10/17.]