(a) Building Official to Commence Proceedings. Whenever the building official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he may commence proceedings to cause the repair or rehabilitation of the building or, if he finds that repairs or rehabilitation are impracticable, to cause the vacation and demolition of the building.
(b) Notice and Order - Contents. To commence proceedings under this section, the building official shall issue a notice and order directed to the record owner of the building and the person, if any, occupying or otherwise in real or apparent charge and control of the building. The notice and order shall contain:
(1) The street address and a legal description sufficient for identification of the premises on which the building is located.
(2) A statement that the building official has found the building to be dangerous and a public nuisance, with a brief description of the conditions which render the building dangerous and a public nuisance under the provisions of Sections 16.40.010 through 16.40.040 of this chapter, including, whenever an order to vacate and demolish is given, a finding that repair or rehabilitation is impracticable, with a brief statement of the facts upon which such finding is based.
(3) An order to secure permits and physically commence elimination of the described conditions within a reasonable timeframe as determined by the building official or, if repair or rehabilitation has been found impracticable, to vacate the building and commence demolition and complete demolition within a reasonable timeframe as determined by the building official.
(4) A statement advising that if the required repair or demolition work is not commenced within the time specified, the building official will order the building vacated and posted to prevent further occupancy until the work is completed, and may proceed to cause the work to be done and assess the costs thereof against the property.
(5) A statement advising that any person having any record title or interest in the building may appeal from the notice and order, or any action of the building official to the city council, provided the appeal is made in writing as provided in this section, and filed with the building official within fifteen days from the date of service of such notice and order.
(c) Persons Served. The notice and order, and any amended notice and order, shall be served upon each person to whom it is directed, and one copy thereof shall be served on each of the following: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or interest of record in or to the building or the land on which it is located. The failure of the building official to make or attempt service on any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served from any duty or obligation imposed on him by the provisions of this section.
(d) Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner provided shall be effective on the date of mailing.
(e) Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official.
(f) At the time the notice and order is served the building official shall file in the office of the county recorder a certificate legally describing the property and certifying that the building is a dangerous building and the owner has been so notified. Whenever the corrections ordered shall have been completed or the notice and order reversed, modified or set aside by the city council upon appeal, so that the building no longer exists as a dangerous building on the property described in the certificate, the building official shall file a new certificate with the county recorder that the building has been demolished or removed or is no longer dangerous.
(Ord. 5397 § 4, 2016: Ord. 2104 (part), 1962: prior code § 34.904)