(A) Whenever the Building Official, or his or her authorized representatives, has inspected or caused to be inspected any building, and has found and determined that such building is a dangerous building, the Building Official may, at the recommendation of his or her building inspector(s), commence proceedings to cause the repair, vacation, or demolition of the building.
(B) The Building Official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:
(1) The street address, description sufficient for identification of the building or structure, and a legal description of the premises;
(2) A statement that the Building Official, or his or her authorized representatives, have found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of this subchapter;
(3) A statement of the action required to be taken as determined by the Building Official:
(a) If the Building Official, or his or her authorized representatives, has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the Building Official, or his or her authorized representatives, shall determine is reasonable under all of the circumstances.
(b) If the Building Official, and his or her authorized representatives, have determined that the building or structure must be vacated, the order shall require that the building or structures shall be vacated within a time certain from the date of the order as determined by the Building Official, or his or her authorized representatives, to be reasonable.
(c) If the Building Official, or his or her authorized representatives, has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official, or his or her authorized representatives, shall determine is reasonable (not to exceed 60 days from the date of the order); that all required permits be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the Building Official, or his or her authorized representatives, shall determine is reasonable.
(4) Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official, or his or her authorized representatives:
(a) Will order the building vacated and posted to prevent further occupancy until the work is completed; and
(b) May proceed to cause the work to be done and charge the costs thereof against the property or its owner.
(5) Statements advising:
(a) Any person having any record title or legal interest in the building may appeal to the Building Code Committee as provided in this subchapter; and
(b) Failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
(C) The notice and order, and any amended or supplemental notice and order, shall be posted on the property and a copy served upon the record owner. In addition, reasonable effort shall be made to serve a copy upon each of the following if known to the Building Official, or disclosed from official public records: 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 legal interest of record in or to the building or the land on which it is located.
(D) Service of the notice and order may be made by any method provided by law for service of original notices in civil lawsuits. The Building Official, or his or her authorized representatives, including the Police Chief, may serve the notice personally. Service by certified mail shall be effective on the date of mailing. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section.
(E) (1) Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons affecting service, declaring the time, date, and manner in which service was made.
(2) The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, or affidavit of publication, shall be affixed to the copy of the notice and order retained by the Building Official, or his or her authorized representatives.
(Prior Code, § 6-13-13)