(a) Imminent Danger. If a building or structure creates a substantial risk to the life or safety of its occupants due to the imminent or potential failure or collapse of said structure; or if the structure endangers individuals in the proximity of said structure due to toxic or explosive fumes, vapors or gases, or explosives, or defective or dangerous equipment; or if the structure creates a substantial risk to the life or safety of its occupants due to the lack of utilities, including, but not limited to, water, gas or electric, the Building Commissioner is hereby authorized to order the occupants to vacate the premises. The Building Commissioner shall post prominently at or on said structure a notice stating:
“THE OCCUPANCY OF THIS STRUCTURE CREATES A RISK OF IMMINENT HARM AND HAS BEEN VACATED. ITS OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING COMMISIONER”.
(b) Temporary Safeguards. The Building Commissioner is authorized to order the abatement of an unsafe condition of a building or structure that poses an imminent danger to occupants or others, including but not limited to the boarding-up of openings and cessation of utilities.
(c) Costs of Emergency Repairs. Any and all expenses or costs incurred under this section for securing a structure shall be paid by the owner of such building or structure. A statement of costs incurred shall be sent to the property owner demanding payment. If payment of such costs is not made within thirty (30) days from the date of the statement, the Commissioner may certify the amount to the City including collection agency fees. The City may make written return to the County Auditor of the action under this section with a statement of the charges for services, the amount paid for the performing of labor and a proper description of premises. Certification to the County Auditor is for the purpose of making expenses and costs a lien upon the lands, to be collected as other taxes and returned to the City of Lakewood. Notwithstanding the method of collection set forth in this subsection, the Director of Law may take any action necessary to collect the costs of demolition, boarding or other nuisance abatement from the owner or other responsible party.
(d) Appeal. Any aggrieved party may appeal an order of the Building Commissioner issued under Section 1306.74(a) above as follows:
(1) Appeal to the Director of Public Safety or his/her designee.
A. The aggrieved party shall have a right to appeal to the Director of Public Safety, or his/her designee, within one (1) day of the issuance of the Commissioner’s order. The filing of an appeal shall not stay or delay execution of Commissioner’s order.
B. The Director of Public Safety, or his/her designee, shall hold and conduct a public hearing within three (3) days of the receipt of the notice of appeal.
C. In any such appeal, the City must show by preponderance of the evidence the existence of the condition or defects that are noted in the Commissioner’s order.
D. The Director of Public Safety, or his/her designee, upon hearing all the facts and evidence shall make a determination as to whether the City has met its burden to show the existence of the condition or defects in the Commissioner’s order. Such determination shall e made within one day of the close of the hearing.
E. If the Director of Public Safety, or his/her designee, makes a determination that the City has met its burden, then the decision of the Director of Public Safety, or his/her designee, shall become a final order.
F. The Director of Public Safety, or his/her designee, shall publish its decision and serve notice by certified mail to the appellant.
G. Any order issued by the Commissioner shall automatically become a final order if a written notice of appeal is not filed in the office of the Director of Public Safety, or his/her designee, within the time set forth above.
(2) Appeal to Court of Competent Jurisdiction. Notwithstanding any provisions contained herein, any aggrieved party shall have the right to appeal the decision and order of the Director of Public Safety, or his/her designee, to a court of competent jurisdiction. In the absence of an appeal, all actions taken shall constitute a valid exercise of the police powers of the City. (Ord. 108-10. Passed 2-7-2011.)