(A) After the Building Inspector has determined that a property is contaminated, the Building Inspector shall send out in writing, by certified mail, return receipt requested, a letter prohibiting use to all known:
(1) Occupants; and
(2) Persons having a full or partial ownership of the property as shown upon the records of the County Assessor’s office of the county in which the property is located.
(B) If the whereabouts of a person or persons having a full or partial ownership of the property is unknown or may not be ascertained, or if the identity of those persons or person is unknown or may not be ascertained, the Building Inspector shall:
(1) Instruct the Treasurer file a Class II legal notice stating:
(a) The property, as identified in the legal notice, has been determined to be contaminated;
(b) If the property owner’s whereabouts or identity remains unknown, the city will demolish the property on the date specified in the legal notice; and
(c) A lien for all expenses and charges incurred by the city in the demolition activity will be filed 90 days after the completion of the demolition activity.
(2) If the property owner or owners do not respond to the legal notice, demolish the property on the date stated;
(3) Prepare a complete itemized statement that clearly demonstrates the costs and charges incurred to accomplish the demolition activity; and
(4) Provide the complete itemized statement, including a statement stating when the demolition activity was completed, to the Treasurer who will file a lien on the remaining real property for the total amount indicated in the complete itemized statement plus any other applicable charges; provided, that prior to filing the lien, the Treasurer shall file a Class II legal notice stating:
(a) The property, as identified in the legal notice, was determined to be contaminated;
(b) The property was demolished on the date specified;
(c) A lien for all expenses incurred and charges paid by the city in the demolition activity will be filed on the specified date;
(d) Payment of the expenses incurred and charges paid by the city in the demolition activity will prevent the lien from being filed; and
(e) If the required payment is not made on or before that specified date, a lien in the amount indicated in division (B)(4)(c) above plus any other applicable charges will be filed; provided, that the date specified for payment shall be no less than 90 days from the date the demolition activity is completed.
(C) If the property is to be decontaminated and the property owner refuses to employ a decontamination contractor to start the decontaminating the structure or structures within 30 days from the date that the property is designated as contaminated, the Building Inspector shall:
(1) Instruct the Treasurer to send to the property owner by certified mail, return receipt requested, a letter stating:
(a) The property identified in the letter has been determined to be contaminated;
(b) Unless the property owner employs a decontamination contractor who starts decontaminating the property by the date specified within the letter, such date to be 14 days subsequent to the date the letter is mailed, the property will be demolished;
(c) The property owner will be responsible for the costs and charges incurred to demolish the structure or structures on the property; and
(d) If the property owner does not pay the demolition costs and applicable charges within 90 days after completion of the demolition activity, a lien for all expenses and charges will be fifed 90 days after the completion of the demolition activity; provided, that the date specified for payment shall be no less than 90 days from the date the letter is mailed.
(2) Proceed with the demolition or the structure on the date stated.
(D) If the property is to be demolished and the property owner refuses to employ a demolition contractor for demolition of the contaminated structure or structures within 30 days from the date that the property is designated as contaminated, the Building Inspector shall instruct the Treasurer to send to the property owner by certified mail, return receipt requested, a letter stating:
(1) The property identified in the letter has been determined to be contaminated;
(2) Unless the property owner employs a demolition contractor who starts demolishing the structure or structures by a date specified within the letter, such date to be 14 days subsequent to the date the notice is mailed, the property will be demolished;
(3) The property owner will be responsible for the costs and charges incurred to demolish the structure or structures on the property;
(4) If the property owner does not pay the demolition costs and charges within 90 days after completion of the demolition activity, a lien for all expenses and charges incurred in the demolition activity will be filed 90 days after the completion of the demolition activity; provided, that the date specified for payment shall be no less than 90 days from the date the notice is mailed.
(E) The Building Inspector’s letter to the persons identified in division (A) above shall:
(1) Describe the Building Inspector’s intended course of action;
(2) Describe the penalties for noncompliance with the decontamination order;
(3) Prohibit use of all or specified portions of the property as long as the property is contaminated;
(4) Describe what measures a property owner must take to have the property decontaminated; and
(5) Indicate the potential health risks involved.
(F) The Building Inspector shall advise that:
(1) A hearing before the City Planning Commission shall be held upon the request of a person required to be notified of the condemnation;
(2) The person’s request for a hearing shall be made within ten days of the Building Inspector serving notice of the condemnation;
(3) The hearing shall be held in a timely manner; and
(4) In any hearing concerning whether property is contaminated, the property owner has the burden of proof in showing that the property is decontaminated and meets the decontamination standards set forth by the Building Inspector.
(Ord. 09-14, passed 12-15-2009)