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(A) For purposes of this section, the following definitions shall apply:
Commissioner shall refer to the commissioner of streets and sanitation.
Garage shall refer to any stand-alone building, structure, premises, or enclosure within the city, designed primarily for the housing, parking or storage of five or fewer motor vehicles.
Public safety threat shall refer to a garage in a condition that presents an actual and imminent danger to the public. Such condition may result from, but is not limited to, structural defects, deterioration, or rat or other vermin harborage.
(B) Whenever in the judgment of the commissioner, a garage is a public safety threat, the commissioner is authorized to order the garage to be demolished in accordance with the procedures set forth in subsection (C) of this section.
(C) Before the commissioner orders the demolition of a garage that is a public safety threat, the following procedures shall apply:
(1) The commissioner shall first seek to obtain an affidavit from the owner of the garage, authorizing the city to demolish the garage.
(2) In the event that the affidavit specified in subsection (C)(1) of this section cannot be obtained, the commissioner shall, if possible, provide notice to the owner of the garage by certified mail that the garage will be demolished within three days, excluding Saturdays, Sundays and legal holidays, unless the owner corrects the conditions creating the public safety threat or seeks a hearing from the city's department of administrative hearings. In addition to providing such mailed notice if mailed notice is possible, the commissioner shall cause the posting of a notice on the garage that the garage will be demolished within three days, excluding Saturdays, Sundays and legal holidays, unless the owner corrects the conditions creating the public safety threat or seeks a hearing from the city's department of administrative hearings. Such posted notice shall be not less than two feet by two feet in size.
(D) In the event that the owner of the garage fails to correct the conditions creating the public safety threat or fails to seek a hearing within three days, excluding Saturdays, Sundays and legal holidays, or the provision of notice provided for in subsection (C)(2) of this section, the commissioner or his designee may provide for the immediate demolition of the garage.
(E) A garage owner seeking a hearing must submit to the commissioner a timely written request for a hearing to be conducted by the city's department of administrative hearings. Such request shall be deemed effective when received by the commissioner. Upon receipt of a timely request for a hearing, the city shall institute an action with the department of administrative hearings, which shall appoint an administrative law officer to conduct the hearing. If, after the hearing, the administrative law officer determines by a preponderance of the evidence that the garage does constitute a public safety threat, the administrative law officer shall enter an order affirming the determination of the commissioner. If, after the hearing, the administrative law officer determines by a preponderance of the evidence that the garage does not constitute a public safety threat, the administrative law officer shall enter an order reversing the determination of the commissioner. If the owner of the garage requests a hearing but fails to appear at the hearing or fails to request a hearing in a timely manner, the owner shall be deemed to have waived his or her right to a hearing and an administrative law officer of the department of administrative hearings may enter a default order in favor of the city. In the event that an administrative law officer affirms the determination of the commissioner, the department of streets and sanitation or its agents or contractors may enter or access the property and abate the public safety threat by demolishing the garage in question.
(F) The amount of any fine issued under Section 2-14-100, the cost of the demolition, and the costs of bringing condemnation proceedings under this section, including inspector's and attorney's fees, shall be recoverable from the owner or owners and shall be a lien on the property upon which the garage is or was located and shall also be enforceable against any person against whom the order issues as provided by law. Any lien created under this section may, upon a showing of good cause, be waived by the corporation counsel. No license shall be issued relating to the property subject to such lien until the lien is satisfied or, upon a showing of good cause, the lien is waived by the corporation counsel. Nothing in this section shall prevent the city from seeking other remedies for code violations through the use of any other administrative procedure or court proceeding, including the imposition of fines set forth in Section 13-12-040 for violations of the building code.
(Added Coun. J. 4-12-00, p. 29468, § 1; Amend Coun. J. 12-8-04, p. 38063, § 1)