(A) Commencement of proceedings. When the Building Inspector has found and determined that a building is a substandard building, the Building Inspector shall commence proceedings to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the building.
(B) Public hearing to be held. Except when the City Council finds that a building is likely to immediately endanger persons or property, a public hearing before the City Council shall be held to determine whether a building complies with the standards set out in § 150.158. If the City Council determines that the building constitutes an immediate danger, the procedures set forth in § 150.161 shall be followed.
(C) Notice.
(1) Not less than ten days prior to the date for which the hearing is set, the Building Inspector shall issue a notice of the public hearing directed to the record owner of the building, and to all mortgagees and lienholders. The city shall use best efforts to determine the identity and address of any owner, lienholder or mortgagee of the building through the records of the County Clerk in the county in which the building is located and through any other source available to the city.
(2) The notice shall contain all of the following:
(a) The name and address of the record owner;
(b) The street address or legal description sufficient for identification of the premises upon which the building is located;
(c) A statement that the Building Inspector has found the building to be substandard or dangerous, with a brief and concise description of the conditions found to render the building dangerous or substandard under the provisions of § 150.158;
(d) A statement that the owner, lienholder or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the subchapter, and the reasonable time it will take to perform the work;
(e) Notice of the time and place of the public hearing; and
(f) A statement that if the building is found to be in violation of this subchapter, the City Council may order that the building be vacated, secured, repaired, removed or demolished within a reasonable time.
(D) Additional notice of public hearing. Prior to the public hearing, the city may file a copy of the notice mailed pursuant to division (C) above in the public records of real property in which the property is located. If such notice is not filed of record, each identified mortgagee and lienholder must be notified of any abatement order issued by the city at the public hearing, prior to any remedial action by the city.
(E) Burden of proof. At the public hearing, the owner, lienholder or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with this subchapter, and the time it will take reasonably to perform the work.
(F) Conduct of public hearing. At the public hearing, the owner of the building and all other interested persons may make their appearance and be heard. Any evidence shall be received and considered by the City Council. The Mayor, or in his or her absence, any officer designated by rules adopted by the City Council to preside at meetings, shall preside and shall determine all questions of order. The hearing may be adjourned from day to day or continued upon a majority vote of the City Council.
(Ord. 1104-1, passed 11-8-2004)