The following procedure shall be followed in applying the foregoing conditions in determining if a building or other structure within the city is to be condemned and in condemning said building or other structure.
(A) Right of inspection.
(1) The Condemnation Officer or his or her designated representative shall cause to be inspected any building or structure for the purpose of determining whether conditions exist which render such place uninhabitable or substandard within the terms of this chapter. Cause for inspection may be based on any of the following:
(a) A complaint filed by any person;
(b) A report filed by the City Building Inspector, the Police Department or any other city department of any building or structure which is or may be uninhabitable or substandard within the terms of this chapter; or
(c) General information or knowledge about the building or structure.
(2) The Condemnation Officer shall have the right to enter upon and inspect the premises of any building or other structure, permanent or temporary, of any type of material, within the city, at any time (being reasonable and commensurate with any dangerous conditions reasonably believed to exist and with due consideration and regard for the safety, respect and dignity of the owners or other occupants of said premises) for the purpose of inspecting the same to determine if there is any imminently dangerous existing condition as defined above.
(B) Notice of violation. Upon determination of a violation of this chapter, the Condemnation Officer shall give notice of said violation as follows.
(1) Service. The Condemnation Officer or his or her authorized designee shall give notice of a violation of this chapter. Such notice shall be in writing and shall be served by personal delivery or by certified mail, return receipt requested, to the record owners of the affected property, and to all unknown owners, by posting a copy of the notice on the front door of each affected improvement situated on the property or as close to the front door as practicable; and, if the owner’s address is different than the address shown for the property involved, to the address of the property, addressed to the occupant of such address. It is not necessary that the notice to the occupant of the property list any occupant by name or that the notice be mailed by certified mail or by personal delivery to any occupant of the property who is above the age of 18 years or older.
(2) Contents. The notice shall contain the following:
(a) The names of all persons to whom the notice is being served pursuant to this chapter;
(b) The street address or legal description of the premises;
(c) A general description of the building, structure, improvements or condition deemed substandard or otherwise in violation of this chapter;
(d) A description of the violation of municipal standards that are present at the building or structure;
(e) Notice of the date, time and place of the public hearing to determine whether the building complies with the standards set out in this chapter;
(f) At statement that the owner, lienholder or mortgagee will be required to submit at the public hearing proof of the scope of any work that may be required to comply with this chapter and the time it will take to reasonably perform the work; and
(g) Whether or not the building shall be vacated by the occupants and, if so, the date by which such vacation shall be effected.
(C) Hearing. Upon the determination of the Condemnation Officer that a violation of this chapter exists, the Condemnation Officer shall set a time, date and place for a hearing before the City Council. The following procedures shall control said hearing.
(1) A quorum of the City Council shall constitute the hearing board.
(2) A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the City Council.
(3) A copy of the tape of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor.
(4) The City Council may grant continuances for good cause shown.
(5) In proceedings under this chapter, the Mayor or any Council member has the power to administer oaths and affirmations and to certify the official acts.
(6) Hearings need not be conducted according to the technical rules relating to evidence and witnesses. However, oral evidence shall be taken only on oath or affirmation.
(7) Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in court of competent jurisdiction in the state.
(8) Irrelevant and unduly repetitious evidence shall be excluded.
(9) Each party shall have these rights on any matter relevant to the issues of the hearing:
(a) To call and examine witnesses on any matter relevant to the issues of the hearing;
(b) To introduce documentary and physical evidence;
(c) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
(d) To impeach any witness regardless of which party first called him or her to testify;
(e) To rebut the evidence against him or her; and
(f) To represent himself or herself or to be represented by anyone of his or her choice who is lawfully permitted to do so.
(10) The City Council may inspect any building or premises involved in the appeal during the course of the hearing; provided that:
(a) Notice of such inspection shall be given to the parties before the inspection is made; and
(b) The parties are given opportunity to be present during the inspection.
(11) The decision of the City Council shall be in writing and shall contain findings of fact, a determination of the issues presented and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent to him or her by certified mail, postage prepaid, return receipt requested.
(12) The effective date of the order shall be as stated therein.
(D) Order of the City Council.
(1) After the public hearing before the City Council, if the building, structure or dwelling is found in violation of the standards set out in this chapter, the city may order that the building be vacated, secured, repaired, removed and/or demolished by the owner within the time provided for in this chapter. The city may also order that the occupants be relocated within a reasonable time. If the owner does not take the ordered action within the allotted time, the city shall make a diligent effort to discover each mortgagee and lienholder having an interest in the building, structure or dwelling or in the property on which the building is located. The city shall send each identified mortgagee and lienholder a notice containing:
(a) An identification, which is not required to be a legal description, of the building and the property on which it is located;
(b) A description of the violation of the standards that are present at the building; and
(c) A statement that the city will vacate, secure, remove or demolish the building or relocate the occupants of the building if the ordered action is not taken within the time set out in this chapter.
(2) As an alternative to the procedure prescribed above, the city may make a diligent effort to discover each mortgagee and lienholder before conducting the public hearing and may give them notice of and an opportunity to comment at the hearing. In addition, the city may file notice of the hearing in the official public records of the real property of the county. The notice must contain the name and address of the owner of the affected property if that information can be determined from a reasonable search of the instruments on record in the office of the County Clerk, a legal description of the affected property and a description of the hearing. The filing of the notice is binding on subsequent grantees, lienholders or other transferees of an interest in the property who acquire such interest after the filing of the notice, and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such inters after the filing of the notice. The order issued by the city may specify a reasonable time for the building to be vacated, secured, repaired, removed or demolished by the owner or from the occupants to be relocated by the owner and an additional reasonable time for the ordered action to be taken by any of the mortgagees or lienholders in the event the owner fails to comply with the order within the time provided for action by the owner. The city is not required to furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the owner fails to timely take the ordered action.
(3) Within ten days after the date that the order is issued, the city shall:
(a) File a copy of the order in the office of the City Secretary; and
(b) Publish in the newspaper of general circulation in the city a notice containing:
1. The street address or legal description of the property;
2. The date of the hearing;
3. A brief statement indicating the results of the order; and
4. Instructions stating where a complete copy of the order may be obtained.
(4) After the hearing, the city shall promptly mail by certified mail, return receipt requested, a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. The city shall use its best efforts to determine the identity and address of any owner, lienholder or mortgagee of the building through records of the County Clerk and through other sources available to the city.
(5) In conducting a hearing authorized under this chapter, the city shall require the owner, lienholder or mortgagee of the building to within 30 days:
(a) Secure the building from unauthorized entry; or
(b) Repair, remove or demolish the building, unless the owner of lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days.
(6) If the city allows the owner, lienholder or mortgagee more than 30 days to repair, remove or demolish the building, the city shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the City Council.
(7) The city will not allow the owner, lienholder or mortgagee more than 90 days to repair, remove or demolish the building or fully perform all work required to comply with the order unless the owner, lienholder or mortgagee:
(a) Submits a detailed plan and time schedule for the work at the hearing; and
(b) Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the cope and complexity of the work.
(8) If the city allows the owner, lienholder or mortgagee more than 90 days to complete any part of the work required to repair, remove or demolish the building, the owner, lienholder or mortgagee must regularly submit progress reports to the city to demonstrate that the owner, lienholder or mortgage has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder or mortgagee appear before the City Council to demonstrate compliance with the time schedules. If the owner, lienholder or mortgagee owns property, including structures or improvements on the property, within the municipal boundaries that exceeds $100,000 in total value, the city may require the owner, lienholder or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing a building under this chapter. In lieu of a bond, the city may require the owner, lienholder or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the city. The bond must be posted, or the letter of credit or third party guaranty provided, not later than the thirtieth day after the date the city issues the order.
(9) In a public hearing to determine whether a building complies with the standards set out in this chapter, the owner, lienholder or mortgagee has the burden of proof to demonstrate the scope of the work that may be required to comply with the chapter and the time it will take to reasonably perform the work.
(10) If the building is not vacated, secured, repaired, removed or demolished, or the occupants are not relocated within the allotted time, the city may vacate, secure, remove or demolish the building or relocate the occupants at its own expense.
(11) If the city incurs expenses under division (D)(10) above or any other section of this chapter, the city may assess the expenses on, and the city has a lien against, unless it is a homestead as protected by the State Constitution, the property on which the building was located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the County Clerk. The notice must contain the name and address of the owner, if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the city and the balance due.
(12) If the notice is given and the opportunity to relocate the tenants of the building or to repair, remove or demolish the building is afforded to each mortgagee and lienholder as authorized by this chapter, the lien is a privileged lien subordinate only to tax liens.
(2004 Code, § 4-607) (Ord. 2003-4, passed 2-17-2003)