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Any person entitled to service in accordance with the provisions of this code may appeal any action of the Building Inspector under this code to the Board of Governors. Such appeal must be filed in writing with the Code Enforcement Director within thirty (30) days from the date of service and must contain at least the following information:
(A) Identification of the building or structure concerned by street address or legal description.
(B) A statement identifying the legal interest of each appellant.
(C) A statement identifying the specific order or section being appealed.
(D) A statement detailing the issues on which the appellant desires to be heard.
(E) The legal signature of all appellants and their official mailing address.
(Ord. 08-30, passed 1-12-2009)
Upon receipt of an appeal, the Board of Governors shall as soon as practicable fix a date, time and location for the hearing of the appeal. The hearing date shall be not less than ten (10) days nor more than thirty (30) days from the date the appeal was filed with the Building Inspector. Written notice of time and location of the hearing shall be delivered personally or mailed to each appellant at the address on the appeal by certified mail, postage prepaid and receipt requested.
(Ord. 08-30, passed 1-12-2009)
The hearing shall offer the appellant reasonable opportunity to be heard on only those specific matters or issues raised by the appellant in his appeal. The appellant may appear at the hearing in person or through his attorney or other designated representative and give testimony at the place and time fixed in the written notice; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Board of Governors.
(Ord. 08-30, passed 1-12-2009)
The final decision of the Board shall be in writing and shall contain all findings of fact and detailed requirements to be complied with. A copy of the decision shall be delivered to the appellant either personally or by certified mail, postage prepaid, return receipt requested. The effective date of the Board's final decision shall be stated therein.
(Ord. 08-30, passed 1-12-2009)
If the appellant is aggrieved by the decision of the Board of Governors, nothing in this code shall deprive him of seeking redress in the civil or other applicable court. Said appeal must be filed within fifteen (15) days from the effective date of the Board's final decision.
(Ord. 08-30, passed 1-12-2009)
Any person who, after the order of the Building Inspector or the decision of the Board of Governors becomes final, fails or refuses to respond to the direction of such order, the Building Inspector may cause the building or structure to be demolished by the city or its contracted party, and all debris removed from the premises and the expense of demolition and clearing of the property shall be an assessment against the property owner, as provided for herein.
(A) When the city demolishes a residential structure or building and removes all debris from the premises, the city shall charge the property owner a fee sufficient to cover the cost the city pays to the Dillon County Landfill plus an additional fifty percent (50%) to cover the city’s expenses for administrative costs and other ancillary fees involved in having the structure or building demolished and removed.
(B) When the city contracts with another party to have a residential structure or building and all debris removed from the premises, the city shall charge the property owner a fee sufficient to cover the cost the city pays to the contracted party plus an additional fifty percent (50%) to cover the city’s expenses for advertising, administrative time and work involved in having the structure or building demolished and removed.
(C) When the city contracts with another party to have a commercial structure or building and all debris removed from the premises, the city shall charge the property owner a fee sufficient to cover the cost the city pays to the contracted party plus an additional twenty-five percent (25%) to cover the city’s expenses for advertising, administrative time and work involved in having the structure or building demolished and removed.
(D) Any amount charged for work authorized and completed by the city or its contracted party for the demolition and removal of an unsafe building or structure pursuant to this section which is not paid within thirty (30) days from proper billing shall constitute a lien against the real property upon which such cost incurred and shall be collectible in the same manner as municipal taxes as provided by law.
(Ord. 08-30, passed 1-12-2009; Ord. 14-02, passed 4-14-2014; Ord. 21-04, passed 4-12-2021)
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