(A) General.
(1) Commencement of proceedings. Whenever the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he or she shall commence proceedings to cause the repair, vacation, or demolition of the building.
(2) Notice and order. The Building Official shall issue a notice and order directed to the owner of the building as shown by the latest assessment roll for the city. The notice and order shall contain:
(a) The street address and a legal description sufficient for identification of the premises upon which the building is located.
(b) A statement that the Building Official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of § 155.03(B) of this code.
(c) A statement of the action required to be taken as determined by the Building Official.
1. If the Building Official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefore and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the Building Official shall determine is reasonable under all of the circumstances.
2. If the Building Official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the Building Official to be reasonable.
3. If the Building Official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official shall determine is reasonable (not to exceed 60 days from the date of the order); that all required permits be secured therefore within 60 days from the date of the order, and that the demolition be completed within such time as the Building Official shall determine is reasonable.
(d) Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner.
(e) Statements advising (i) that any person having any record, title or legal interest in the building may appeal from the notice and order or any action of the Building Official to the Board of Appeals, provided the appeal is made in writing as provided in this code, and filed with the Building Official within 30 days from the date of service of such notice and order; and (ii) that failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter.
(3) Service of notice and order. The notice and order, and any amended or supplemental notice and order, shall be served upon the owner, as disclosed by the latest assessment roll for the city and posted on the property; and one copy thereof shall be served on each of the following if known to the Building Official; the holder of any mortgage of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him or her by the provisions of this section.
(4) Method of service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his or her address as it appears on the last assessment roll of the city or as known to the Building Official. If no address of any such person so appears or is known to the Building Official, then a copy of the notice and order shall be so mailed and addressed to such person at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
(5) Proof of service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Building Official.
(B) Repair, vacation and demolition: standards to be followed. The following standards shall be followed by the Building Official (and by the Board of Appeals if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure:
(1) Any building declared a dangerous building under this chapter shall either be repaired in accordance with the current Building Code or shall be demolished at the option of the building owner.
(2) If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.
(C) Notice to vacate.
(1) Posting. Every notice to vacate shall, in addition to being served as provided in division (A)(3), be posted at or upon each exit of the building, and shall be in substantially the following form:
"DO NOT ENTER UNSAFE TO OCCUPY"
It is a misdemeanor to occupy this building, or to remove or deface this notice.
Building Official
City of Gladwin
(2) Compliance. Whenever such notice is posted, the Building Official shall include a notification thereof in the notice and order issued by him or her under division (A)(2), reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal have been completed and a Certificate of occupancy issued pursuant to the provisions of the BOCA 2006. Any person violating this subsection shall be guilty of a misdemeanor.
(Ord. 295, passed 2-4-08)