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A. Determination: If the building inspector determines that a hazardous condition exists, the building inspector shall take the actions specified in this section.
B. Notice And Order: The building inspector 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 inspector determines that such conditions constitute a hazardous condition;
2. An order requiring the notified party to:
a. Take out all necessary permits and repair the hazardous condition within three (3) days, or
b. Close the building or required portions thereof to occupancy within three (3) days;
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 three (3) days 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 vacated and secured from entry as required by other portions of this code. The building official may extend the time for completing the required work to six (6) days from the date of issuance of the notice and order provided the required permits are taken out within three (3) days of the date of issuance of said notice and order.
1. If the notified party disagrees with the notice and order, the notified party may appeal in writing within fourteen (14) days of the issuance of the notice and order. The appeal shall be heard before an HAAB panel within thirty (30) days of receipt of the appeal.
2. Appeals under this subsection shall stay the enforcement of those items appealed on the notice and order.
3. The HAAB panel shall issue a written decision within seven (7) days of the hearing.
4. 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.
5. 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.
6. 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.
F. City Remedies: If the notified party fails to repair or secure the property as required, the city may take all appropriate remedies authorized by law including, the imposition of civil fines, closing all or a portion of the building, 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 § 3, 2001: Ord. 74-98 § 5, 1998: Ord. 68-96 § 1, 1996: Ord. 55-95 § 4 (Exh. A), 1995)