A public hearing shall be held so that the board may determine whether the structure complies with the minimum standards set forth in this chapter.
A. Notice Of Hearing:
1. The city clerk shall make a diligent effort to discover the identity and address of the owner(s) of record and any lienholders or mortgagees of the structure and the underlying property.
2. The city clerk shall notify each owner, lienholder, or mortgagee by mail.
3. The city clerk shall notify any unknown interested parties by posting a copy of the notice on each structure.
4. The city clerk will notify all adjoining property owners within one hundred feet (100') that a public hearing is called on the underlying property.
5. The city clerk shall file a notice of hearing as prescribed by city code in the official newspaper of the city.
B. Contents Of Notice Of Hearing: The notice of hearing shall contain the following information:
1. The owner, lienholder, mortgagee or unknown interested parties have the burden of proof and will be required to submit at the hearing proof of the scope of any work that may be required to make the structure comply with this chapter and the amount of time it will take to reasonably perform the work.
2. The name and address of the owner of record.
3. A legal description of the property.
4. A general description of the structures not meeting the minimum standards.
5. A description of the proceeding.
C. Conduct Of Hearings: Section 604 - conduct of hearings (604.1 through 604.7.4) of the uniform code for the abatement of dangerous buildings is hereby adopted as the manner in which hearings shall be conducted.
D. Orders Of The Board:
1. The board may issue one of the following orders:
a. Order to secure or vacate the structure and relocate the occupants (if occupied).
b. Order to repair, remove or demolish.
c. Order to remove or demolish.
d. Order to release.
2. If the structure is occupied by owner's permission or consent and the board issues an order pursuant to subsection D1a of this section, the structure shall be vacated and the occupants relocated at owner's expense. If the structure is occupied without owner's consent or without tenant's rights, such tenants shall be evicted per Idaho Code.
3. Orders of the board issued pursuant to subsections D1b and D1c of this section shall allow sixty (60) days for the ordered action to be completed.
4. If a residential structure is removed or demolished pursuant to this chapter, all accessory structures located on the same property may be removed or demolished, if deemed a dangerous structure.
5. The city clerk shall promptly mail a copy of any order issued pursuant to subsection D1 of this section, to the owner of record, any lienholder or mortgagee along with a notice containing the following:
a. An identification of the structure and the property on which it is located;
b. A description of the violation(s) of the minimum standards;
c. A statement that the city will secure, vacate, repair, remove or demolish the structure if the ordered action is not taken within sixty (60) days.
6. Sixty (60) days after an order to repair, remove or demolish has been issued, the building official has the authority to request the utilities be disconnected at the structure in order to prepare for demolition.
7. Within ten (10) days following the date that an order is issued, the building official shall:
a. File a copy of the order in the office of the city clerk; and
b. The city clerk shall publish in the official newspaper of the city a notice containing the following:
(1) The street address or legal description of the property;
(2) The date the hearing was held;
(3) A brief statement indicating the results of the order; and
(4) Instructions stating where a complete copy of the order may be obtained. (Ord. 2013-562, 9-3-2013)