A. Abatement Procedure: When the building official has inspected or caused to be inspected any building or structure and has found and determined that such building or structure is a dangerous building, under section 16-8A-6 of this article, the building official may use the procedures set forth in this section for the abatement of such nuisance.
B. Notice And Order: The building official shall issue a written notice and order directed to the record owner of the property on which the building or structure is located. The notice and order shall contain:
1. The street address and a legal description sufficient for identification of the premises upon which the building is located.
2. A statement that the building official has determined the building to be dangerous with a brief description of the conditions which render the building dangerous under section 16-8A-6 of this article.
3. A statement of the action required to be taken, as determined by the building official, including the requirement to secure all necessary permits.
4. A statement of the required period of time as determined by the building official to be reasonable to complete such action.
5. A statement advising that if the required work or action is not commenced or completed within the time specified, the building official may proceed to cause the work to be done and bill the owner for the abatement costs and/or assess the costs against the property, and, if applicable, may vacate the building or secure the building against entry.
6. A statement advising that any person having any record title or legal interest in the building may appeal the notice and order or any action of the building official within ten (10) days from the date of service of such notice and order and that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
7. A statement that failure to abate the nuisance within the required time limit is a class B misdemeanor.
8. A statement advising that the notice and order will be recorded against the property in the office of the county recorder if the notice and order is not complied with and no appeal has been filed.
C. Service Of Notice And Order:
1. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following, if known to the building official or disclosed from the records of the county recorder's office:
a. The holder of any mortgage or deed of trust or other lien or encumbrance of record;
b. The owner or holder of any lease of record; and
c. The holder of any other estate or legal interest of record in or to the building or the land on which it is located.
2. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this chapter.
D. Method Of Service:
1. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by first class mail, postage prepaid, to each such person at their address as it appears on the last assessment roll of the county or as known by the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any person to receive or accept such notice shall not affect the validity of any proceeding taken under this chapter. Service by mail in the manner herein provided shall be effective five (5) days after the date of mailing.
2. Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made.
(1979 Code § 16.28.070; Ord. 95-25, 5-16-1995; amd. Ord. 98-15, 2-17-1998; Ord. 2005-29, 5-24-2005)