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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)
A. Except as provided in subsection B of this section, whenever a building is vacant for more than ninety (90) days, or whenever any building is vacant and such building or premises thereof contains one or more "public nuisance violations", as defined herein, then the owner of such building shall, within ten (10) days of notification, register such building as a vacant building and submit a vacant building plan, unless a stay is granted under subsection E of this section.
B. Whenever any building designed as a single-family dwelling is vacant and such building or premises thereof contains one or more "public nuisance violations", as defined herein, then the owner of such building shall, within ten (10) days of notification, register such building as a vacant building and submit a vacant building plan, unless a stay is granted under subsection E of this section.
C. Notification of the registration requirement shall be made in writing to the owner of such property either personally or by mailing notice first class, postage prepaid, addressed to the owner at their last known post office address, as disclosed by the records of the county assessor, or at such other address as is known by the building official.
D. For purposes of this article, "public nuisance violations" includes:
1. A building or structure in violation of one or more provisions of subsection 16-8A-6B of this chapter; and
2. Property maintenance violations pursuant to title 12, chapters 4, 5 and 8 of this code.
E. If repair or demolition of the building is required under a notice and order issued pursuant to section 16-8A-7 of this chapter, the building official may grant a stay of the registration requirement for a reasonable period of time, not to exceed ninety (90) days, while the owner diligently investigates abatement options and prepares plans for abatement. The maintenance standards imposed in section 16-8B-10 of this article shall be applicable during the stay period.
F. It is not the intention of this article to require the initial registration of a building being actively and diligently constructed or renovated, pursuant to valid building permit issued by the city, where persons responsible for such construction or renovation are present in the building on a regular basis; provided that the commencement of repair or rehabilitation pursuant to a vacant building plan shall not eliminate the continuing requirement for registration.
(Ord. 2001-69, 12-4-2001, eff. 12-9-2001)
A. The owner registering a vacant building shall supply the following information on a form provided by the building official:
1. The address of the vacant building;
2. The name, address, and telephone number of the owner;
3. The name, address and telephone number of a person authorized to act as an agent for the owner for performing the owner's obligations under this chapter, who lives within forty (40) miles of the city;
4. Legal description and tax parcel identification number of the premises on which the building is situated;
5. Date on which the building became vacant;
6. The vacant building plan;
7. A description of the condition of the building and the landscaping of the surrounding property.
B. The initial vacant building registration shall be accompanied by a filing fee of one hundred dollars ($100.00), together with any mitigation fees due under section 16-8B-8 of this article.
C. Registration of a vacant building shall be valid for a period of six (6) months.
D. If the building is vacant at the expiration of any registration period and requirements of the vacant building plan are not completed, or have not otherwise been met, then the owner shall reregister such building and pay a reregistration fee of five hundred seventy one dollars ($571.00), together with any mitigation fees due under section 16-8B-8 of this article. If the building is vacant at the expiration of any registration period and the requirements of the vacant building plan are completed and otherwise met, the owner shall reregister such building, paying any mitigation fees due under section 16-8B-8 of this article, without filing a new vacant building plan or paying a filing fee.
(Ord. 2001-69, 12-4-2001, eff. 12-9-2001)
When a building is registered as required herein, the owner or agent shall submit a vacant building plan. The plan shall contain the following:
A. A plan of action to repair any doors, windows, or other openings which are boarded or otherwise secured by any means other than conventional methods used in the design of the building or permitted for new construction of similar type. The proposed repair shall result in openings secured by conventional methods used in the design of the building or by methods permitted for new construction of similar type.
B. For building and premises which are identified as being or containing public nuisance violations unrelated to improperly secured openings, a plan of action to remedy such public nuisance violations.
C. For each required plan, a time schedule shall be submitted identifying a date of commencement of repair and date of completion of repair for each improperly secured opening and identified public nuisance violations.
D. If the owner proposes to demolish the vacant building, then the owner shall submit a plan and time schedule for such demolition.
E. If the owner proposes to repair the vacant building, then the owner shall submit a plan and time schedule for such repair.
F. A plan of action to maintain the building and premises thereof in conformance with the provisions of this article.
G. A plan of action to maintain the building against unlawful entry.
(Ord. 2001-69, 12-4-2001, eff. 12-9-2001)
A. The building official shall have sole discretion to approve the vacant building plan in accordance with the standards and requirements of this article, and article A of this chapter.
B. The building official shall, upon notice to the vacant building owner or agent, have the authority to modify the vacant building plan by altering the dates of performance or the proposed methods of action.
C. If the owner or agent of the vacant building objects to the modifications made by the building official, such owner shall have the right to appeal to the board for final determination. Such appeal shall be filed with the building official within ten (10) days of receipt of the building official's notice of modification.
D. The board, after considering the testimony of the building official, the building owner, and any other interested person, shall render its decision on the owner's appeal of the building official's modifications to the proposed vacant building plan. The board shall have the authority to fashion its own vacant building plan or approve the plan submitted by the owner or the plan as modified by the building official. The decision of the board shall be final and constitute the approved vacant building plan.
(Ord. 2001-69, 12-4-2001, eff. 12-9-2001)
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