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(A) (1) If the owner of a building fails to comply with a request in an initial notice to vacate or obtain a permit for a building under this subchapter, the Building Official may schedule a public hearing on the building or pursue other enforcement action regarding the building. If the owner of a building responds to an initial notice by requesting a public hearing, the Building Official shall schedule a public hearing on the building no later than the thirtieth day following receipt of the request.
(2) Notice of a public hearing shall be given to the owner of the building and to each mortgagee and lien holder having an interest in the building or in the property on which the building is located, in a manner described in § 150.55(D) of this chapter.
(3) The notice will contain the following:
(a) The street address of the building;
(b) A description of the conditions that make the building an unsafe building;
(c) A statement that the issues at the hearing shall be whether the building is an unsafe building and, if so, whether the building should be vacated, secured, repaired or demolished and, if so, within what time periods these activities should be completed;
(d) A statement that if the building is not vacated, secured, repaired or demolished in accordance with an order entered after the hearing, the city may vacate, secure, repair or demolish the building and assess a lien for expenses incurred; and
(e) A statement that the owner, lien holder or mortgagee shall be required to submit, at the hearing, proof of the scope of any work that may be required to comply with this subchapter and the time it will take to reasonably perform the work.
(4) The city may file notice of the hearing in the official public records of real property in the county in which the property is located. The filing of the notice is binding on subsequent grantees, lien holders or other transferees of interest in the property, who acquire the interest after the filing of the notice, and constitutes notice of the hearing. The notice must contain the following:
(a) Name and address of the owner of the affected property, if that information can be determined from a reasonable search of the instruments on file in the County Clerk’s office;
(b) A legal description of the affected property; and
(c) A description of the hearing.
(2012 Code, § 18-227)
(B) (1) Public hearings under this subchapter shall be held before a Municipal Court Judge.
(2) The issues at a hearing shall be limited to those described in division (A) above. The Building Official, the owner and any mortgagee or lien holder of the building and other interested persons may address these issues at the hearing.
(3) Disputed fact issues shall be determined by a preponderance of the evidence.
(4) If a building is found to be an unsafe building, the Judge shall order that the building be vacated, secured, repaired or demolished.
(5) The Judge shall require the owner, lien holder or mortgagee of the building to, within 30 days:
(a) Secure the building from unauthorized entry; or
(b) Repair, remove or demolish the building, unless the owner or lien holder establishes at the hearing that the work cannot reasonably be performed within 30 days.
(6) If the Judge allows the owner, lien holder or mortgagee more than 30 days to repair, remove or demolish the building, the Judge shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lien holder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed.
(7) The Judge may not allow the owner, lien holder or mortgagee more than 90 days to repair, remove or demolish the building or fully perform all work required to comply with the order unless the owner, lien holder or mortgagee:
(a) Submits a detailed plan and time schedule for the work at the hearing; and
(b) Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.
(8) If the Judge allows the owner, lien holder or mortgagee more than 90 days to complete any part of the work required to repair, remove or demolish the building, the Judge shall require the owner, lien holder or mortgagee to regularly submit progress reports to the city to demonstrate that the owner, lien holder or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lien holder or mortgagee appear before the Municipal Court Judge or the Judge’s designee.
(9) A copy of the order will be given to the owner and any lien holder or mortgagee of record of the property in a manner described in § 150.55(D) of this chapter.
(10) Within ten days after the date the order is issued, the city will:
(a) File a copy of the order in the City Secretary’s office; and
(b) Publish in a newspaper of general circulation in the city a notice containing:
1. The street address or legal description of the property;
2. The date of the hearing;
3. A brief statement indicating the results of the order; and
4. Instructions stating where a complete copy of the order may be obtained.
(2012 Code, § 18-228)