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(A) General. After any order of an Enforcement Official or the Indio Consolidated Appeals Board made pursuant to this chapter shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor.
(B) Failure to obey order. After any order of an Enforcement Official or the Indio Consolidated Appeals Board made pursuant to this chapter has become final, should the person to whom such order is directed fail, neglect or refuse to obey such order, the Enforcement Official may:
(1) Refer the matter to the City Attorney who may cause such person to be prosecuted under division (A) of this section; and/or
(2) Institute any appropriate action to abate such building as a public nuisance.
(C) Failure to commence work. Whenever the required repair or demolition is not commenced within ten days after any final notice and order issued under this chapter becomes effective:
(1) The Enforcement Official shall cause the building described in such notice and order it to be vacated by posting at each entrance thereto a notice reading:
DANGEROUS BUILDING
DO NOT OCCUPY
It is a misdemeanor to occupy this building
or to remove or deface this notice.
Building Official
City of Indio
(2) No person shall occupy any building which has been posted as specified in this division. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Enforcement Official have been completed and a certificate of occupancy issued pursuant to the provisions of the city Building Code. Any person violating this division shall be guilty of a misdemeanor.
(3) The Enforcement Official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order under § 95B.108; or, if the notice and order required demolition, to cause the building to be demolished and the materials, rubble and debris removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this chapter.
(Ord. 1226, passed 8-5-98; Am. Ord. 1589, passed 3-16-11)
Upon receipt of an application from the person required to conform to the order and an agreement by such person that he or she will comply with the order if allowed additional time, the Enforcement Official may, at his or her discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete the agreed-upon repair, rehabilitation or demolition. Such extension shall be based on a determination by the Enforcement Official that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Enforcement Official’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the original notice and order.
(Ord. 1226, passed 8-5-98)
REPAIR AND DEMOLITION
No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this chapter, or with any person to whom such building has been lawfully sold pursuant to the provisions of this chapter, whenever such person is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter. Any person violating this section shall be guilty of a misdemeanor.
(Ord. 1226, passed 8-5-98)
When any work of repair or demolition is to be undertaken by the city pursuant to this chapter, the Enforcement Official shall issue an order for such repair or demolition to the Public Works Superintendent and the work shall be accomplished by personnel of the city or by private contractor under the direction of the Public Works Superintendent or designee. Plans and specifications may be prepared by the Public Works Superintendent or designee, or the Public Works Superintendent may employ such architectural and engineering assistance on a contract basis as deemed reasonably necessary. If any part of the work is to be accomplished by private contract, the Public Works Superintendent shall follow standard public works contractual procedures.
(Ord. 1226, passed 8-5-98)
The Public Works Superintendent shall keep an itemized account of the expenses incurred, including administrative costs, for the repair or demolition work. The Public Works Superintendent shall mail a copy of the accounting to the persons who have interest in the property, together with a notice of the time and place that the statement will be submitted to the City Council for confirmation and approval, and at which time the City Council will consider any objection which may be raised by any party involved in the proceeding.
(Ord. 1226, passed 8-5-98)
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