(A) Commencement of proceedings. Whenever an Enforcement Official has inspected any building and has found and determined that such building is a dangerous building, the Enforcement Official shall commence proceedings to cause the repair, vacation or demolition of the building.
(B) Whenever an Enforcement Official has inspected a building and has probable cause to believe that such building is a dangerous building under § 95B.104, but cannot make such determination based on his/her knowledge or judgment, then the Enforcement Official shall make a report of the suspect building to the Building Official stating the date of the inspection; the address of the building; what sections of the municipal code are believed to be violated; and any other information deemed important. Within five days of receipt of the Enforcement Official's suspect building report, the Building Official shall conduct an inspection of such building. If the Building Official determines that violations of § 95B.104 are present, the Building Official shall commence proceedings under his/her own authority as an Enforcement Official to cause the repair, vacation or demolition of the building or shall submit a written order enumerating the finding of violations of § 95B.104, and directing the commencement of proceedings to cause the repair, vacation or demolition of the building.
(C) Notice and Order. The Enforcement Official shall issue and serve by certified mail or personal service a notice and order directed to the record owner and all interested parties, as set forth in division (C) of this section, of the building. The notice and order shall contain:
(1) Street address and a legal description sufficient for identification of the premises upon which the building is located;
(2) A statement that the Enforcement Official has found the building to be dangerous with a brief and concise description of the specific conditions found to render the building dangerous under the provisions of § 95B.104;
(3) (a) If the Enforcement Official has determined that the building or structure must be repaired, the order shall require that all necessary permits be secured therefor and the work physically commenced within such time (not to exceed 30 days from the date of the order) and completed within such time as the Enforcement Official shall determine is reasonable under all of the circumstances;
(b) If the Enforcement Official has determined that the building or portion thereof must be vacated, the order shall require those portions to be vacated within a time certain from the date of the order as determined by the Enforcement Official to be reasonable;
(c) If the Enforcement 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 Enforcement Official shall determine is reasonable (not to exceed 60 days from the date of the order), that all required permits be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the Enforcement Official shall determine is reasonable;
(4) Statements advising that if any required repair or demolition work without vacation also being required is not commenced within the time specified, the Enforcement Official (1) will order the building vacated and posted to prevent further occupancy until the work is completed and (2) may proceed to cause the work to be done and charge the costs thereof against the property or its owner;
(5) Statements advising (1) 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 Enforcement Official to the Board of Appeals, provided the appeal is made in writing as provided in this chapter and filed with the City Clerk within 30 days from the date of service of such notice and order: and (2) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
(D) Service of Notice and Order. The notice and order, and any amended or supplemental notice and order shall be served upon the record owner and posted on the property. One copy shall also be served on each of the following if known to the Enforcement Official or disclosed from official public records in the possession of the city:
(1) The holder of any mortgage or deed of trust or other lien or encumbrance of record;
(2) The owner or holder of any lease of record; and
(3) 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 Enforcement Official to serve any person listed herein shall not invalidate any proceedings as to any other person duly served or relieve such person from any duty or obligation imposed on him by the provisions of this section.
(E) Method of service. Service of the notice and order shall be made upon all persons so entitled either personally or by mailing a copy of such notice and order by certified mail, return receipt requested, postage prepaid, to each such person at his address as it appears on the last equalized assessment roll of the county, or as known to the Enforcement Official. If no address of any such person so appears or is known, then a copy of the notice and order shall be so mailed to 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 five days after the date of mailing.
(Ord. 1226, passed 8-5-98)