(A) Within 60 days after the effective date of this chapter, the Building Commissioner shall evaluate all buildings in the city he or she believes to be unoccupied on the effective date of this chapter and make a determination for each as to whether the building is a vacant building. The Building Commissioner may determine that a vacant building is not to be regulated under this chapter for a stated period if, upon consideration of reliable evidence, he or she determines that regulation of the building under this chapter would not serve the public health, welfare and safety and makes written findings in support of his or her decision. For buildings, the Building Commissioner determines to be vacant buildings, he or she shall, within seven days of making that determination, send notice of the written determination with the factual findings to the last taxpayer of record listed on the most recent county tax records. Said notice of determination shall be sent certified mail, return receipt requested. Failure of delivery shall not excuse a person from complying with this chapter. Any person making such service shall execute an affidavit attesting to the facts of service. The Building Commissioner shall maintain a record of such mailing for each notice of determination sent.
(B) The notice of determination shall set a tentative date and time for the code compliance inspection of the interior of the vacant building to determine the extent of compliance with city property, Building Codes, Health, Fire, Water and Sewer Codes. After receipt of the notice of determination, if the owner does not appeal the determination, the owner shall either confirm the tentative date for the inspection or shall schedule a new date and time for same. If the owner fails to confirm the tentative date and time for the inspection or refuses to schedule or permit the inspection, it shall be the responsibility of the city to obtain an administrative search warrant to accomplish the inspection. The owner shall pay the inspection fees specified in § 164.07 of this chapter to the city within 30 days of receipt of the bill for same.
(C) The notice of determination shall contain a statement of the obligations of the owner of a building determined to be a vacant building, a copy of the registration form the owner is required to file pursuant to §§ 164.25 through 164.30 of this chapter and a notice of the owner’s right to appeal the determination.
(Prior Code, § 165.06) (Ord. 11-141, passed 8-23-2011)