(A) If, after conducting a public hearing, the Council Hearing Panel finds that a building is in violation of the standards set out in this chapter, the Council Hearing Panel shall require the owner, lienholder or mortgagee of the building to within 30 days:
(1) Secure the building from unauthorized entry; or
(2) Repair, remove or demolish the building unless the owner, mortgagee or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days. If the Council Hearing Panel allows the owner, lienholder or mortgagee more than 30 days to repair, remove or demolish the building, the Council Hearing Panel shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the building in a reasonable manner from unauthorized entry while the work is being performed. The Council Hearing Panel may also order that occupants of the building be relocated within a reasonable time.
(B) The Council Hearing Panel may not allow the owner, lienholder or mortgagee more than 90 days to complete any part of the work required to comply with the order unless the owner, lienholder or mortgagee has: (1) submitted at the hearing a detailed plan and time schedule and (2) establishes at the hearing that the work cannot be reasonably completed within 90 days because of the scope and complexity of the work, If the Council Hearing Panel allows the owner, lienholder, or mortgagee more than 90 days to complete any part of the work required to repair, remove or demolish the building, the Council Hearing Panel shall require the owner, lienholder or mortgagee to regularly submit progress reports to the Council Hearing Panel through an Enforcement Officer to demonstrate compliance with time schedules established for commencement and performance of the work and may require that the owner, lienholder, or mortgagee appear before the Enforcement Officer, the Council Hearing Panel, or their designees, to demonstrate compliance with the time schedules. If the owner, lienholder, or mortgagee owns property, including structures or improvements on property, within the city’s boundaries that exceeds $100,000 in total value, the Council Hearing Panel may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing a building under this subsection. In lieu of a bond, the Council Hearing Panel may require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the Council Hearing Panel. The bond must be posted, or the letter of credit or third party guaranty provided, not later than the 30th day after the date the city issues the order.
(C) Within ten days after the date that the order is issued, the city shall:
(1) File a copy of the order in the office of the City Secretary; and
(2) Publish in a newspaper of general circulation in the city a notice containing:
(a) The street address or legal description of the property;
(b) The date of the hearing;
(c) A brief statement indicating the results of the order; and
(d) Instructions stating where a complete copy of the order may be obtained.
(D) After the hearing, the city shall promptly mail by certified mail with return receipt requested, deliver by the United States Postal Service using signature confirmation service, or personally deliver a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. The city shall use its best efforts to determine the identity and address of any owner, lienholder, or mortgagee of the building.
(E) If the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, the city may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense. This subsection does not limit the ability of the city to collect on a bond or other financial guaranty that may be required by subsection (C) of this section.
(Ord. 2016-07, passed 4-19-2016)