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§ 97.08 INSPECTION OF UNINHABITABLE STRUCTURES.
   The enforcement officer has the authority to inspect any structure for the purpose of determining whether the same is uninhabitable.
(Ord. 2007-10, passed 3-1-07)
§ 97.09 NOTICE; CONTENTS AND POSTING.
   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
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)
§ 97.10 WRITTEN NOTICE.
   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)
§ 97.11 NOTICE BY PUBLICATION.
   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)
§ 97.12 FINAL ORDER.
   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)
§ 97.13 RECORDING OF FINAL ORDER.
   Whenever the order to demolish an uninhabitable structure becomes a final order authorizing demolition, as provided in § 97.12 or pursuant to a decision by the Code Enforcement Board as provided in § 97.14, the enforcement officer shall file a copy of such final order, together with the street address or legal description of the subject property, with the Clerk of the Circuit Court of Brevard County, Florida, who shall cause the same to be recorded among the public records of Brevard County. The recordation of such final order or other appropriate instrument as herein provided shall constitute constructive notice to any subsequent purchasers, transferees, grantees, mortgagors, mortgagees, lessees, lienors, and all persons having, claiming or acquiring any interest in the property described therein, or affected thereby.
(Ord. 2007-10, passed 3-1-07)
§ 97.14 APPEALS TO THE CODE ENFORCEMENT BOARD.
   (A)   The owner, the holder of a secured interest in the property, or any interested party may appeal the findings of the enforcement officer to the Code Enforcement Board by submitting a written petition within twenty (20) days of the date indicated on the posted notice to:
   Chairman, Code Enforcement Board
   120 Malabar Road, SE
   Palm Bay, FL 32907
   (B)   The Board shall hear and consider all facts material to the appeal and may affirm, reverse or modify the findings of the enforcement officer. Any person aggrieved by the decision of the Board may seek judicial review in accordance with the applicable Florida Appellate Rules.
(Ord. 2007-10, passed 3-1-07)
§ 97.15 UNINHABITABLE STRUCTURES.
   (A)   A structure shall be uninhabitable when:
      (1)   It is visited by persons for the purpose of unlawfully procuring or using any controlled substance, as defined under Fla. Stat. Chapter 893, or any drugs as defined in Fla. Stat. Chapter 499; or
      (2)   It is used for the illegal keeping, selling or delivering of such controlled substances or drugs; and the structure is found to have one (1) or more of the following characteristics:
         (a)   It is vacant, unguarded and open at doors or windows;
         (b)   There is an unwarranted accumulation of debris or other combustible material therein;
         (c)   The structure's condition creates hazards with respect to means of egress and fire protection as provided for the particular occupancy;
         (d)   There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material;
         (e)   There is deterioration of the structure or structural parts;
         (f)   The structure is partially destroyed;
         (g)   There is an unusual sagging or leaning out of plumb of the structure or any parts of the structure and such effect is caused by deterioration or over-stressing;
         (h)   The electrical or mechanical installations or systems create a hazardous condition; or
         (i)   An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems; or
      (3)   The structure is vacant, unguarded, and open at doors or windows found to have three (3) or more of the following characteristics:
         (a)   There is an unwarranted accumulation of debris or other combustible material therein;
         (b)   The structure's condition creates hazards with respect to means of egress and fire protection as provided for the particular occupancy;
         (c)   There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material;
         (d)   There is deterioration of the structure or structural parts;
         (e)   The structure is partially destroyed;
         (f)   There is an unusual sagging or leaning out of plumb of the structure or any parts of the structure and such effect is caused by deterioration or over-stressing;
         (g)   The electrical or mechanical installations or systems create a hazardous condition; or
         (h)   An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems.
   (B)   A structure shall be presumed to be utilized for the purpose set forth in divisions (A)(1) or (2) of this section when there are one (1) or more arrests or police reports of incidents which involve the keeping, consumption, or delivery of controlled substances or drugs on the premises of the subject structure during the period of six (6) months preceding the posting of notice by the enforcement officer.
   (C)   A structure found to be uninhabitable as provided herein shall be subject to demolition.
(Ord. 2007-10, passed 3-1-07)
§ 97.16 RECOVERY OF COST; LIENS.
   (A)   All costs incurred pursuant to this chapter shall be paid by the owner.
   (B)   The enforcement officer shall file among his or her records an affidavit stating the items of expense and the date of execution of actions authorized by this chapter.
   (C)   The City Attorney shall institute a suit to recover such expenses against the owner and may cause such expenses to be charged against the property as a lien. Any lien imposed for demolition shall constitute a special assessment lien against the real property and until fully paid, discharged, released or barred by law shall remain a lien equal in rank and dignity to a lien of city ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved.
(Ord. 2007-10, passed 3-1-07)