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Where the building official is unable to obtain the affidavit described in Section 14A-3-311.2.1, the building official must provide notice of the building official's intention to demolish the structure and the owner's right to a hearing in accordance with Sections 14A-3-311.2.2.1 and Section 14A-3-311.2.2.2.
(Added Coun. J. 1-26-22, p. 43756, Art. I, § 3)
The building official must send written notice by first class mail to the owner of the structure. Where, upon diligent search, the identity or whereabouts of the owner are not ascertainable, notice must be mailed to the person in whose name the real estate was last assessed.
(Added Coun. J. 1-26-22, p. 43756, Art. I, § 3)
Within seven days from the date notice is posted pursuant to Section 14A-3-311.2.2.1 or notice is mailed pursuant to Section 14A-3-311.2.2.2, whichever is later, the owner may submit a written request for a hearing to contest the basis for demolition. The request must be in writing and submitted to the building official in the manner specified in the notice sent pursuant to Section 14A-3-311.2.2. If the seventh day falls upon a Saturday, Sunday, or City holiday, the last day to file a request is the next business day.
(Added Coun. J. 1-26-22, p. 43756, Art. I, § 3)
Upon receipt of a timely request for a hearing, the building official must initiate a proceeding before the Department of Administrative Hearings. Notice of the proceeding must be sent to the requestor in the manner specified by the Department of Administrative Hearings.
If, after a hearing, the administrative law officer determines by a preponderance of the evidence that at the time of the hearing the structure is dangerous or unsafe, the administrative law officer must enter an order affirming the determination of the building official. If, however, the administrative law officer determines by a preponderance of the evidence that at the time of the hearing the structure is neither dangerous nor unsafe, the administrative law officer must enter an order reversing the determination of the building official.
If the owner requests a hearing but fails to appear at the hearing, the owner is deemed to have waived the owner's right to a hearing and the administrative law officer may enter a default order in favor of the building official. In such case, the order is immediately final and is not subject to a petition to set aside as provided in Section 2-14-108.
(Added Coun. J. 1-26-22, p. 43756, Art. I, § 3)
If no timely hearing request is received pursuant to Section 14A-3-311.2.4 and, in the opinion of the building official, the structure remains dangerous or unsafe, the building official may demolish the structure. The building official may also demolish the structure if an administrative law officer enters an order in favor of the building official pursuant to Section 14A-3-311.2.3.1.
(Added Coun. J. 1-26-22, p. 43756, Art. I, § 3)
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