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It shall be a violation of this chapter for any person to erect, establish, maintain, own, lease orallow to exist an uninhabitable structure as defined in § 97.15. Any such violation shall be redressed by the city in the manner set forth in this chapter.
(Ord. 2007-10, passed 3-1-07)
If, after inspection, the enforcement officer finds a structure to be uninhabitable, the enforcement officer shall issue a notice stating that the structure has been found to be uninhabitable. Such notice shall be posted in a conspicuous location on the structure which the enforcement officer has determined to be uninhabitable, and shall be in substantially the following form:
ORDER TO DEMOLISH UNINHABITABLE STRUCTURE
This structure has been found by the Enforcement Officer to be uninhabitable pursuant to Chapter 97 of the Code of Ordinances of the City of Palm Bay. THIS STRUCTURE SHALL BE VACATED--SHALL NOT BE OCCUPIED. The owner or holder of a secured interest in this structure shall demolish the same within twenty (20) days of this order or the same may be subject to demolition by the City of Palm Bay. THE OWNER OR HOLDER OF A SECURED INTEREST IN THIS PROPERTY MAY APPEAL THIS FINDING WITHIN TWENTY (20) DAYS OF THE DATE INDICATED BELOW BY SUBMITTING A WRITTEN PETITION TO:
Chairman, Code Enforcement Board
120 Malabar Road, SE
Palm Bay, FL 32907
120 Malabar Road, SE
Palm Bay, FL 32907
CAUTION: FAILURE TO APPEAL MAY RESULT IN THE DEMOLITION OF THIS STRUCTURE WITHOUT FURTHER NOTICE OF HEARING.
___________ _________________________________________
Date Signature of Enforcement Officer
Printed name
Address
Phone Number
(Ord. 2007-10, passed 3-1-07)
Within seventy-two (72) hours of posting the order to demolish an uninhabitable structure pursuant to § 97.09, the enforcement officer shall send the owner and any interested parties a written notice setting forth the defects which render the structure uninhabitable and the time within which the structure must be demolished or appeal requested. Such notice shall be sent by certified or first class mail addressed to all such parties' last known addresses as reflected in the records of the Brevard County Property Appraiser. The lack of a signed return receipt shall not constitute a failure to notify interested parties.
(Ord. 2007-10, passed 3-1-07)
A notice shall be published by the city in a newspaper of general circulation in Brevard County once a week for two (2) consecutive weeks. Thepublished notice shall contain the street address of the subject property and the names of the owner and any interested parties. The notice required by this section shall state that the subject property has been found to be uninhabitable and is subject to demolition, and that the finding may be appealed by written petition to the Code Enforcement Board within the applicable time period.
(Ord. 2007-10, passed 3-1-07)
The order to demolish an uninhabitable structure as provided for in § 97.09 shall automatically become a final order authorizing demolition in the event that no written appeal from the notice is received by the Code Enforcement Board twenty (20) days after the date of posting.
(Ord. 2007-10, passed 3-1-07)
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