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(a) Informal discussion. Whenever the public officer or his or her authorized representative determines that there has been a violation of any provision of this code, the public officer will arrange with the alleged violator for an informal discussion of violations, and whether repair and correction is justified.
(b) Formal hearing. If a satisfactory solution to the violations either by correction, demolition or removal is not forthcoming, then a legal notice of a formal hearing will be issued according to the following procedures:
(1) Shall be in writing;
(2) Shall list the violations alleged to exist or to have been committed;
(3) Shall provide a reasonable time, but not less than 30 days in any event for the correction of the violations particularized;
(4) Shall be addressed to and served upon the owner of the property, the operator of the dwelling and the occupant of the dwelling unit or the rooming unit concerned, if the occupant is or may be responsible for violation;
(5) If one or more persons whom the notice is addressed cannot be found or served after diligent effort to do so, service may be made upon such person or persons by posting a notice in a conspicuous place in or about the dwelling affected by the notice, in which event the public officer or his or her authorized representative shall include in the record a statement as to why such posting was necessary; and
(6) Delivery shall be by certified mail, return receipt requested, or by personal service. If service is made by certified mail, the public officer or his or her authorized representative shall include in the record a verified statement giving details regarding the mailing.
For the purpose of protecting the city against unsightly or blighted premises, also the health, welfare and safety of the inhabitants of dwellings or dwelling units, the public officer referred heretofore is hereby authorized, with the consent and prior knowledge of the governing body, to enforce provisions of this code and of other laws that regulate or set standards affecting buildings and premises.
The governing body is hereby authorized:
(b) To take action as prescribed in § 8-512(b);
(c) To hear appeals if there is opposition to any order, requirement, decision or determination by the public officer in enforcement of this code as outlined in § 8-518; and
(d) Discretionary authority may be exercised in specific cases where variance from the terms of the code as:
(1) Will not adversely affect the public health, safety or welfare of inhabitants of the city;
(2) Is in harmony with the spirit of this code; and
(3) Where literal enforcement of the code will result in unnecessary hardship.
(a) Failure to comply with the order under § 8-515 for the alteration or improvement of such structure, the public officer, with the consent and prior knowledge of the governing body, may cause such condemned structure to be removed or demolished and the premises improved to eliminate the conditions outlined in § 8-509.
(b) The cost of demolition by a public officer shall be a lien upon the property upon which the cost was incurred and such lien, including as a part thereof an allowance of his or her costs and necessary attorney’s fees, may be foreclosed in judicial proceedings in the manner provided or authorized by law for loans secured by liens on real property or shall be assessed as a special assessment upon the lot or parcel of land on which the structure was located and the City Clerk at the time of certifying other city taxes, shall certify the unpaid portion of the aforesaid costs and the County Clerk shall extend the same on the tax rolls against the lot or parcel of land.
(c) If the structure is removed or demolished by the public officer, he or she shall offer for bids and sell the structure or the materials of such structure. The proceeds of such sale shall be credited against the cost of the removal or demolition and, if there is any balance remaining, it shall be paid to the parties entitled thereto after deduction of costs or judicial proceedings, if any, including the necessary attorney’s fees incurred therein, as determined by the court, if involved.
(a) Conflicts between the provisions of this code and with a provision of any zoning, building, fire, safety or health ordinance or code of the city, existing on the effective date of this article, the provision shall prevail that establishes the higher standard.
(b) Conflicts between this article with a provision of any other ordinance or code of the city existing on the effective date of this article that establishes a lower standard, the provisions of this article shall be deemed to prevail and such other laws or codes are hereby declared to be repealed to the extent that they may be found in conflict with this code.
(a) Any person, firm or corporation considering themselves aggrieved by the decision of the public officer and who desires to present a formal protest to the governing body shall in writing, request a hearing before the governing body within ten days after receiving notice of the decision from the public officer, as provided in § 8-512(b). Such protest and request for a hearing shall be filed with the office of the City Clerk.
(b) Upon receipt of a protest and request for a hearing, the City Clerk shall notify in writing the governing body of such appeal.
(c) The governing body shall, within 30 days of receipt of protest and request for a hearing, determine a date for the hearing.
(d) Notice of the date for the hearing shall be sent to the appellant at least ten days before the hearing.
(e) Except where an immediate hazard exists as described in § 4-612 of this code, the filing of a protest and request for a hearing before the governing body as specified in division (a) above shall operate as a stay of the enforcement of the public officer’s order until such time as the governing body has reached a decision on the matter.
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