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(A) At the hearing, the owner or other persons interested in the dangerous building shall have a right to be heard.
(B) Council shall have the building inspected and may consider facts observed in determining if the building is dangerous.
(C) If the Council determines that the building is dangerous, the Council may by resolution:
(1) Order the building to be abated; or
(2) Order the building to be made safe and prescribe what must be done to make it safe.
(Ord. 30.01, passed 1-8-1991)
Five-days’ notice of the Council’s findings and any orders made by the Council shall be given to the owner of the building, the owner’s agent or other person controlling it. If the orders are not obeyed and the building not made safe within the time specified by the order (not less than 5 days), the Council may order the building demolished or made safe at the expense of the property on which it is situated.
(Ord. 30.01, passed 1-8-1991)
(A) If the Council orders are not complied with, the Council may:
(1) Specify the work to be done;
(2) File a statement with the Recorder; and
(3) Advertise for bids for doing the work in the manner provided for advertising for bids for street improvement work.
(B) Bids shall be received, opened, and the contract let.
(Ord. 30.01, passed 1-8-1991)
(A) The Council shall determine the probably cost of the work and assess the cost against the property upon the work and assess the cost against the property upon which the building is situated. The assessment shall be declared by resolution, and it shall be entered in the docket of city liens and become a lien against the property.
(B) The creation of the lien and the collection and enforcement of the cost shall be performed in substantially the same manner as assessments for street improvements.
(Ord. 30.01, passed 1-8-1991)
The procedures of this subchapter need not be followed if a building is unmistakably dangerous and imminently endangers human life or property. In this instance, the Chief of the Fire Department, the Fire Marshal, or the Chief of Police may summarily take steps needed to make this building safe.
(Ord. 30.01, passed 1-8-1991)
PLANNING COMMISSION
(A) The costs incurred in processing an appeal of Banks Planning Commission land use decisions shall be paid by the appellant, to the City Recorder. These costs shall include:
(1) A $300 nonrefundable filing fee that shall be used to pay for the costs of the appeal. This fee does not include transcription costs;
(2) The cost of any request by the applicant for transcription of any recorded hearing; and
(3) All costs of the appeal exceeding the $300 filing fee. These costs will be billed to the appellant. This bill is payable by the appellant to the Banks City Recorder within 15 days of appellant’s receipt of the bill. It is understood under the terms of this resolution that the appellant is the person(s) filing the appeal.
(B) This section is necessary to secure sufficient funds to pay for the actual expenses incurred by the City of Banks to process appeals of land use decisions to the Banks City Council. Because the city does not have an ordnance to provide for the cost of land use appeals, an emergency exists to cover the costs. Thus this section shall be in full force and effect immediately upon passage by the Council and approval by the Mayor.
(Ord. 12-19.2-95, passed 12-19-1995)
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