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A. Determination: If the building official determines that an imminent danger exists, the building official shall take the actions specified in this section.
B. Notice And Order: The building official shall issue a notice and order containing the following:
1. A notice listing the building's or unit's violations and the reason(s) that the building official determines that such conditions constitute an imminent danger;
2. An order requiring:
a. Immediate vacation of the building or dwelling unit, or
b. The closure of that portion or system if the building official determines that a portion or system of the building or unit can be closed or otherwise secured so that the rest of the building or unit remains occupiable; and
3. An explanation of the appeal rights and processes specified in subsection E of this section.
C. Delivery Of Notice And Order: Notices and orders issued pursuant to this section shall be posted on the building entrance doors and on the entrance doors of all dwelling units affected by the notice and order. The notice and order shall also be mailed to the owner or the owner's designated agent by both certified mail, return receipt requested, and ordinary first class mail, postage prepaid, or shall be delivered by hand.
D. Notified Party Actions: Within twenty four (24) hours after the issuance of the notice and order, the notified party shall take out all required permits and cause the building or dwelling unit to be either repaired or, if repairs cannot be or are not completed within twenty four (24) hours, secured from entry as required by other portions of this code.
E. Expedited Appeal:
1. If the notified party disagrees with the notice and order and files an appeal in writing within seven (7) days of the issuance of the notice and order, the appeal shall be heard before an HAAB panel within two (2) days of receipt of the appeal.
2. The HAAB panel shall issue a written decision within two (2) days of the hearing.
3. If the notified party is dissatisfied with the HAAB panel decision, the notified party may appeal by filing a written notice with the mayor within seven (7) days of the HAAB decision.
4. The mayor or the mayor's designee shall consider the appeal on the record made before HAAB and the written appeal. The mayor or the mayor's designee may accept additional evidence only if the evidence was improperly rejected by HAAB. The mayor or the mayor's designee may, at their discretion, consider the appeal based solely on the written materials or materials presented at a publicly conducted hearing.
5. The appeal shall be considered, and the mayor or the mayor's designee shall issue a final decision within twelve (12) days of the receipt of the appeal.
6. The filing of an appeal shall not stay the requirements of the notice and order.
F. City Remedies: If the notified party fails to repair or secure the property, the city may take all appropriate remedies authorized by law including, the imposition of civil fines, obtaining any necessary authorization to enter the property to secure it from occupancy or, if the property conditions represent a threat to the public, abating the deficiency as a public nuisance or taking other appropriate actions. (Ord. 52-01 § 2, 2001: Ord. 55-95 § 4 (Exh. A), 1995)