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17-5-5: REQUEST FOR INVESTIGATION; ORDER TO REPAIR; HEARING:
   A.   The commission may formally request in writing that the building official investigate any alleged significant deterioration of a historic resource equivalent to demolition by neglect.
   B.   Upon a written request of the commission, the building official shall investigate and respond to the commission within a reasonable time. The building official may initiate an investigation pursuant to this section with or without a request from the commission.
   C.   If the preliminary investigation discloses significant deterioration, the building official shall attempt to resolve the maintenance and repair issues through a resolution conference with the owner or owner's agent provided that any such resolution time period shall not exceed forty five (45) days. If the resolution conference is not successful in resolving the issues, the building official may issue a notice and an order to the owner, requiring that specific repairs or maintenance be completed within thirty (30) days of the notice, unless the owner proposes an alternative reasonable plan with target dates specified. Alternatives set forth in subsection 17-5-6F of this chapter may be considered.
   D.   The building official shall cause the notice to be served upon the owner, identifying the significant deterioration and requiring a prioritized list of maintenance or repair to alleviate demolition by neglect.
   E.   Notice shall be accomplished upon mailing to the owner at the address of record and complete upon mailing.
   F.   The owner shall be given the right to appeal any order issued pursuant to this section before the board of building and fire code appeals as set forth in section 17-5-7 of this chapter.
   G.   The commission shall receive a written copy of the notice and order to comply and the time and date of any appeal.
   H.   If the owner fails to comply with the final order to repair within the time specified, the time for appeal has run, or any subsequent appeal or procedural claim has been exhausted, the building official shall file in the office of the city recorder and Weber County recorder a certificate describing the property and certifying that significant deterioration exists amounting to demolition by neglect and that notice has been provided to the owner. If the repairs ordered in the notice and order have been completed so that the condition of demolition by neglect no longer exists, the building official shall file a new certificate with the city recorder and Weber County recorder that the property is no longer in violation.
   I.   If the owner chooses to file a written claim of undue economic hardship, the claim shall be filed with the building official within five (5) days of the building official's order. The building official shall notify the commission within seven (7) days after the claim is filed. The building official's written order shall be stayed until after the commission has made an undue economic hardship determination pursuant to section 17-5-6 of this chapter.
(Ord. 2013-17, 4-2-2013)