(A) (1) Whenever a determination and order is made as provided in § 151.44, the owner, lessee, occupant, or mortgagee of record may appeal the determination and order to the City Council by filing with the City Clerk written objections to said determination and order, a cash deposit or corporate surety bond, within 15 days from the date of the determination and order and file a work schedule approved by the Housing Administrator. The written objections shall set forth the location of the property and all grounds for the objections. The cash deposit or surety bond shall be as set forth in the city’s fee schedule.
(2) The purpose of the cash deposit or corporate surety bond is to provide an additional assurance that the appellant has the resources and intent to repair the structure, as provided by this code within a reasonable specified time and that the structure will remain safe and secure until all repairs have been completed. The cash deposit or bond will be returned to the appellant only after all required repairs have been made to the structure per the order of the Housing Administrator or his or her authorized Administrator.
(B) Upon receipt of such written objections to the determination and order, and the cash deposit or corporate surety bond, the City Clerk shall set a hearing date and shall immediately notify the Housing Administrator or his or her authorized Administrator, stating the date, time, and place of the hearing and that the parties are to appear before the City Council to be heard on the matter.
(C) The City Council shall hear the testimony of the objectors and the Housing Administrator and other interested parties; and after the hearing, the City Council may affirm, modify, or reverse the determination of the Housing Administrator or his or her authorized Administrator.
(D) In the event that the appealing party does not make the necessary repairs on the building or structure within the specified time or fails to keep the building or structure secured, the cash deposit or surety bond shall be forfeited as a penalty. This provision may be modified by the City Council.
(E) In the event the City Council grants an extension to the appealing party and the repairs are not completed during the time period, a subsequent cash deposit or surety bond, equal to the amount of the original, shall be provided in order to continue the condemnation appeal. Only the most recent subsequent cash deposit or surety bond will be returned after all required repairs have been completed.
(Prior Code, § 9-1118) (Ord. 563, passed 7-7-1998)