When there exists an emergency, as defined in this section, certain measures may be taken, notice which shall be given of the order therefor and the procedures which shall be followed in carrying out said measures are as follows:
(A) When it shall appear to the City Building Official and/or the Fire Marshal that a building or structure in the city is a dangerous building under the terms of this subchapter and that such building or structure or the manner of use constitutes an immediate and serious danger to life or property, the condition shall be deemed to justify the use of emergency measures and upon being so advised by the City Building Official and the Fire Marshal, the City Manager may order any of the following emergency measures to be taken:
(1) Immediate vacation of such building or structure or of adjoining building or structures;
(2) Vacation of the danger area around such building or structure;
(3) Such emergency shoring up and bracing walls, roofs and supports as are required to render such building or structure safe;
(4) The destruction of such walls, roofs and supports of the entire structure or so much thereof as cannot be braced or made secure with safety;
(5) Posting of notices on or near such building or structure which notify the public of such orders and order all persons to keep out of such building or structure and the area of danger surrounding it.
(B) The city shall give notice before the eleventh day after the date such action is taken, to the owner by:
(1) Personally serving the owner with written notice;
(2) Depositing the notice in the United States mail addressed to the owner at the owner’s post office address;
(3) Publishing the notice at least twice within a ten-day period in a newspaper of general circulation in the county in which the building is located if personal service cannot be obtained and the owner’s post office address is unknown; and
(4) Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner’s post office address is unknown.
(C) The notice must contain:
(1) An identification, which is not required to be a legal description, of the building and the property on which it is located;
(2) A description of the violation of the municipal standards that is present at the building;
(3) A statement that the city will secure or has secured, as the case may be, the building; and
(4) An explanation of the owner’s entitlement to request a hearing about any matter relating to the city’s securing of the building.
(D) The city shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the city’s securing of the building if, within 30 days after the date the city secures the building, the owner files with the city a written request for the hearing. The city shall conduct the hearing within 20 days after the date the request is filed.
(Ord. 1998-2, passed 4-7-98)