(a) At the hearing, the Hearing Officer shall take testimony of the City Inspectors, the owner of the property and any interested party. Not more than five days after completion of the hearing, the Hearing Officer shall render a decision either closing the proceedings or ordering the building or structure demolished, otherwise made safe or properly maintained.
(b) If the Hearing Officer determines that the building or structure should be demolished, otherwise made safe or properly maintained, the Hearing Officer shall so order, specifying the action the owner, agent, or lessee shall take and fixing a time by which the owner, agent or lessee shall comply with the order. If the building is a dangerous building under Section 1454.01(d)(10), the order may require the owner or agent to maintain the exterior of the building and adjoining grounds owned by the owner of the building, including, but not limited to, the maintenance of lawns, trees and shrubs.
(c) If the owner, agent or lessee fails to appear or neglects or refuses to comply with the order issued under subsection (b) hereof, the Hearing Officer shall file a report of the findings and a copy of the order with the Board of Appeals not more than five days after the date for compliance set in the order and request that necessary action be taken to enforce the order. The Hearing Officer shall file the report of the findings and a copy of the order with the Board of Appeals established pursuant to Chapter 1464 and request that necessary action be taken to enforce the order. A copy of the findings and order of the Hearing Officer shall be served on the owner, agent or lessee in the manner prescribed in Section 1454.03.
(d) The Board of Appeals, shall fix a date not less than 30 days after the hearing before the Hearing Officer for a hearing on the findings and order of the Hearing Officer, and shall give notice to the owner, agent or lessee in the manner prescribed in Section 1454.03 of the time and place of the hearing. At the hearing before the Board of Appeals, the owner, agent or lessee shall be given the opportunity to show cause why the order should not be enforced.
(e) The Board of Appeals shall either approve, disapprove or modify the order of the Hearing Officer. If the Board of Appeals approves or modifies the order, the City shall take all necessary action to enforce the order. If the order is approved or modified, the owner, agent or lessee shall comply with the order within 60 days after the date of the hearing under this subsection. In the case of an order of demolition, if the Board of Appeals determines that the building or structure has been substantially destroyed by fire, wind, flood, deterioration, neglect, abandonment, vandalism or other cause and the cost of repair of the building or structure will be greater than the State-equalized value of the building or structure, the owner, agent or lessee shall comply with the order of demolition within 21 days after the date of the hearing under this section. If the estimated cost of repair exceeds the State equalized value of the building or structure to be repaired, a rebuttable presumption that the building or structure requires immediate demolition exists.
(f) The cost of the demolition, of making the building safe, or of maintaining the exterior of the building or structure or grounds adjoining the building or structure, incurred by the City to bring the property into conformance with this chapter, shall be reimbursed to the City by the owner or party in interest in whose name the property appears. The cost of demolition, making the building safe, or of maintaining the exterior of the building or structure and grounds adjoining the building or structure includes but is not limited to, fees paid to hearing officers, costs of title searches or commitments used to determine the parties in interest, recording fees for notices and liens filed with the County Register of Deeds, demolition and dumping charges, court reporter attendance fees, and costs of the collection of the charges authorized under this chapter, including but not limited to the costs of placarding and vacating a dangerous building.
(g) The owner or party in interest in whose name the property appears upon the last local tax assessment records shall be notified by the City Assessor of the cost of the demolition, of making the building safe or of maintaining the exterior of the building or structure or grounds adjoining the building or structure, by first-class mail at the address shown on the records. If the owner or party in interest fails to pay the cost within 30 days after mailing by the City Assessor of the notice of the amount of the cost, the City shall have a lien for the cost incurred by the City to bring the property into conformance with this chapter. The lien shall not take effect until notice of the lien has been filed or recorded as provided by law. A lien provided for in this subsection does not have priority over previously filed or recorded liens and encumbrances. The lien for the cost shall be collected and treated in the same manner as provided for property tax liens under the General Property Tax Act, being Act 206 of the Public Acts of 1893, as amended.
(h) In addition to other remedies prescribed in this chapter, the City may bring an action against the owner of the building or structure for the full cost of the demolition, of making the building safe or of maintaining the exterior of the building or structure or grounds adjoining the building or structure. The City shall have a lien on the property for the amount of a judgment obtained pursuant to this subsection. The lien provided for in this subsection shall not take effect until notice of the lien is filed or recorded as provided by law. The lien does not have priority over previously filed or recorded liens and encumbrances.
(Ord. 16-94. Passed 12-20-94; Ord. 23-05. Passed 10-4-05; Ord. 08-2016. Passed 6-21-16.)