Loading...
A. Written Appeal: Any person entitled to service under Section 16-8A-7 of this article may appeal from any notice and order or any action of the building official taken to enforce the provisions of this chapter to the board of building and fire code appeals, as established in Title 3, Chapter 5 of this code, by filing a written appeal in the office of the building services division. Such appeal shall contain:
1. Identification of the property;
2. The names and addresses of all appellants;
3. A statement of appellant's legal interest in the subject property;
4. A brief statement in ordinary and concise language of the specific order or action protested; and
5. A brief statement in ordinary and concise language of the relief sought and the reasons why the protested order or action should be reversed, modified or otherwise set aside, together with all material facts in support thereof.
B. Filing Of Appeal: The appeal shall be filed within twenty (20) days from the date of the service of such order or the date of action of the building official, whichever is the subject of the appeal.
C. Scheduling And Noticing Of Hearing: As soon as practicable after receiving the appeal, the board shall fix a date, time and place for the hearing of the appeal, which date shall not be less than ten (10) days nor more than sixty (60) days from the date the appeal was filed. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
D. Effect Of Failure To File: Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof.
E. Scope Of Hearing: Only those matters or issues specifically raised by the appellant in the written appeal shall be considered in the hearing.
F. Stay Of Order: Except for vacation orders made pursuant to Section 16-8A-11 of this article, enforcement of any notice and order of the building official issued under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
G. Effective Date Of Decision: If no appeal is filed within ten (10) days, the notice and order of the building official shall be final. The decision of the board shall be effective at the meeting in which the decision is made, unless a different time is designated in the board's rules or at the time the decision is made.
(1979 Code §16.28.120; Ord. 95-25, 5-16-1995; amd. Ord. 98-15, 2-17-1998; Ord. 2023-64, 11-14-2023)
Upon the recommendation of the landmarks commission, the mayor may grant limited exceptions to this chapter in order to assist in the preservation of an historic resource under title 17 of this code; provided, however, that such exemption authority shall not prohibit the demolition or repair of structures which has been determined to be an immediate danger to the life, limb, property, health or safety of the public, and shall be limited to providing extensions of time or alternative methods of temporary abatement until such time as the conditions making the historic resource a dangerous building may be abated by repair.
(1979 Code § 16.28.130; Ord. 95-25, 5-16-1995; amd. Ord. 98-15, 2-17-1998)
A. Actions Of Building Official: If, after any unappealed order of the building official becomes final or thirty (30) days after a final decision of the board made pursuant to this chapter becomes final, the person to whom such order is directed shall fail, neglect or refuse to obey such order within the required time, the building official, in addition to any other remedy herein provided or otherwise available at law, may:
1. Cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order, in accordance with section 16-8A-15 of this article.
2. Cause the building to be demolished and the materials, rubble and debris therefrom removed and the lot cleaned, in accordance with section 16-8A-15 of this article, if:
a. The notice and order required demolition; or
b. The notice and order required repair or demolition and repair by the city is determined to be unfeasible.
3. Cause the building to be secured against entry, if the notice and order required that the building be secured.
4. Cause such person to be prosecuted under section 16-8D-1 of this chapter.
5. Refer the matter to the city attorney to institute any appropriate action to abate the nuisance.
B. Order To Vacate: Whenever the required repair or demolition work is not commenced within thirty (30) days after any final notice and order issued under this chapter becomes final, the building official may cause the building described in such notice and order to be vacated, unless previously ordered under the provisions of this chapter, by posting at each entrance thereto a notice to vacate which shall be in the same form as required under section 16-8A-11 of this article.
C. Standards For Boarding: If the building official determines that a building is to be boarded in order to secure the building against entry, the boarding shall be performed in accordance with the standards imposed in section 16-8B-9 of this chapter.
D. Costs: If the city causes the building to be repaired, demolished, or secured against entry, the city shall charge the following costs against the property or the property owner, which costs shall be recovered as provided in article C of this chapter:
1. A one hundred dollar ($100.00) fee to partially recover the city's costs in administering the abatement action; and
2. The actual costs of repair, demolition, or securing the building against entry.
(1979 Code § 16.28.140; Ord. 95-25, 5-16-1995; amd. Ord. 98-15, 2-17-1998; Ord. 2001-69, 12-4-2001, eff. 12-9-2001)
A. Petition For Hearing:
1. When any abatement work by repair or demolition is to be performed by the city pursuant to section 16-8A-14 of this article, except in emergency situations under section 16-8D-2 of this chapter, the building official shall petition the mayor to hold a hearing and order the property owner to show cause why the city should not abate by repair or demolition a substandard or dangerous building or structure constituting a public nuisance. The provisions of this section shall specifically not apply to actions taken by the building official in securing a building against entry.
2. Notwithstanding the provision of any other ordinance pertaining to hearings before the mayor, said hearings may be held either before the mayor or the mayor may direct the matter to be heard before a panel of hearing examiners of the board to conduct such hearings to determine the facts and make recommendations and findings to the mayor.
B. Panel Of Hearing Examiners: In the event the mayor may direct a panel of hearing examiners from the board to act as hearing examiners in abatement proceedings, the board shall select at least three (3) individual members of its board to act as the panel of hearing examiners and designate one as acting chair. The mayor or said panel of hearing examiners shall have the power and authority to call, preside at, and conduct hearings to consider whether or not structures are dangerous or substandard buildings under this chapter constituting a public nuisance to be abated by the city by demolition or repair, including the power to issue subpoenas, administer oaths, examine witnesses, receive evidence, compel attendance of witnesses and/or the production of witnesses or evidence; and based upon the evidence presented, prepare for the approval of the mayor, findings of fact, conclusions of law and proposed orders for said board. Hearings shall be conducted as provided in this code. The owner shall have the right to appear at said hearing in person or by counsel or both, present evidence and oral argument, cross examine witnesses, and in all proper ways defend the owner's interest.
C. Notice Of Abatement Hearing: Reasonable notice (not less than 10 days) of the time and place of said hearing, together with a petition for abatement setting forth the nature of the complaint against the property sufficient to reasonably inform the owner and enable them to answer the charges of the complaint, shall be served upon the owner personally or by mailing by first class mail, postage prepaid, a copy to the owner at their last known address appearing on the last assessment rolls for the property on file in the county assessor's office.
D. Action By Hearing Examiners: Within thirty (30) days of the conclusion of abatement hearing held before the board's panel of hearing examiners as provided in subsections B and C of this section, said panel shall submit to the office of the mayor a report of written findings of fact, conclusions, recommendations and proposed order based upon and supported by the evidence presented at the hearing. A copy of such findings, conclusions, recommendations and order shall be mailed or delivered to each party on the date they are filed with the office of the mayor.
E. Consideration Of Report: The office of the mayor shall fix a date, time and place to consider the panel of hearing examiners' report and proposed recommendations. Notice thereof shall be mailed to each party to the action not less than ten (10) days prior to the date fixed unless otherwise stipulated by all parties.
F. Exceptions To Report: Not later than two (2) days before the date set to consider said report, any party may file with the city recorder two (2) copies of written exceptions, proposed additional or alternative findings to any part or all of the hearing examiners' report and may attach thereto a proposed decision, together with written argument in support of such decision. Such exception must also indicate whether or not the party desires to present oral argument, which may be heard only with the consent of the mayor and said argument shall be confined to the issues set forth in the written exceptions or as otherwise limited by the mayor.
G. Disposition By Mayor:
1. The mayor may adopt the report of findings as the basis for its action in the abatement proceedings, or upon filing its own statement of the legal or substantial basis in the record therefor, it may:
a. Reject all or any portion of the report's findings and remand the same back to the same panel of hearing examiners for further hearing and findings on specific issues;
b. Disregard any portion of the report's findings and proceed to take action upon the remainder of the findings;
c. Substitute alternative or additional findings of fact on the issues presented to the examiners, if the substituted findings are supported by a preponderance of the evidence in the record.
2. Upon remand of any portion of the panel's reported findings, the same panel of examiners shall conduct further hearing proceedings to the extent necessary to make findings on the issues remanded for further hearing. Upon remand, the panel of examiners shall prepare and submit its revised report and findings as provided in subsection E of this section. Consideration of the revised report by the mayor shall comply with subsections F through H of this section.
H. Order Of Mayor: Upon disposition, the decision of the mayor shall be made in written order supported by findings of facts, which may be those submitted by the panel of hearing examiners if approved and adopted by said board or as the report may be modified, reversed or rejected by the mayor. A copy of the decision shall be mailed to parties in interest or their counsel. All orders entered by the mayor shall be final and shall be effective as of the date dated in such written order. Said order shall specify the manner in which the expense of any abatement work ordered shall be charged and collected.
I. Procedure To Accomplish Abatement Work: Upon the order of the mayor to complete abatement work by demolition or repair, the building official shall cause the work to be accomplished by city personnel or by private parties under his direction. Plans, specifications, bidding proposals, etc., therefor, may be prepared by building official or his designee, or said official may employ such appropriate professional assistance that he/she may deem reasonably necessary.
(1979 Code § 16.28.150; Ord. 95-25, 5-16-1995; amd. Ord. 98-15, 2-17-1998; Ord. 2001-69, 12-4-2001, eff. 12-9-2001)
ARTICLE B. VACANT BUILDINGS 1
SECTION:
16-8B-1: Applicability
16-8B-2: Purpose And Intent
16-8B-3: Obligation To Register Vacant Buildings
16-8B-4: Registration Of Vacant Buildings
16-8B-5: Vacant Building Plan
16-8B-6: Review, Approval Or Modification Of Vacant Building Plan; Appeal
16-8B-7: Standards Governing Review
16-8B-8: Mitigation Fees
16-8B-9: Change Of Ownership
16-8B-10: Maintenance Standards
16-8B-11: Failure To Maintain
16-8B-12: Existing Boarded Buildings
16-8B-13: Appeals
16-8B-14: Building Permits And Inspections Required
16-8B-15: Enforcement Of Other Laws Or Notice And Orders
16-8B-16: Distribution Of Vacant Building Registry
16-8B-17: Exception For Temporary Filming Activities
Notes
| 1 | 1. Prior ordinance history: 1979 Code §§ 16.28.200, 16.28.210, 16.28.220, 16.28.230, 16.28.240, 16.28.250, 16.28.260, 16.28.270; Ord. 95-25, 5-16-1995; Ord. 98-15, 2-17-1998. |
It is the purpose and intent of this article to protect the public health, safety, and welfare by establishing a registration process for vacant buildings and requiring responsible parties to implement a vacant building plan for such buildings to remedy any public nuisance, prevent deterioration, unsightly blight and consequent adverse impact on the value of nearby property, and to establish minimum maintenance standards for vacant buildings. To such ends, it is the specific purpose and intent of this article:
A. To minimize the period of time a building is boarded;
B. To provide alternative procedures for the abatement of dangerous buildings, which, if adequately secured and maintained against entry in accordance with the requirements of this article, will not constitute an immediate danger to the life, limb, health, property or safety of the public;
C. To prevent vacant buildings from becoming a public nuisance; and
D. To improve the aesthetic appearance of vacant buildings, in order to protect surrounding properties.
(Ord. 2001-69, 12-4-2001)
Loading...