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A. Determination: If the building inspector determines that a substandard condition exists, the building inspector may take the actions specified in this section.
B. Notice And Order: The building inspector may 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 substandard condition;
2. An order requiring the notified party to:
a. Take out all necessary permits and repair the substandard condition within the times specified, or
b. Close the building or required portions thereof to occupancy within thirty (30) 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 subsection shall be posted on the building entrance doors and in the common areas of the building. Notices and orders issued to vacate the premises shall be posted on all building entrance doors, common areas and on individual dwelling units. 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 may be delivered by hand.
D. Notified Party Actions: The notified party shall take out all required permits and cause the building or dwelling unit to be either repaired or secured from entry as required by other portions of this code within the times specified in the notice and order. If the building official determines that work is progressing appropriately and an extension is necessary, the building official may extend the times for completion of any work.
E. Appeal And Administrative Hearing:
1. If the notified party disagrees with the notice and order, the notified party may appeal in writing within thirty (30) days of the issuance of the notice and order. The appeal shall be heard before an HAAB panel within forty five (45) days of receipt of the appeal.
2. Appeals of notice and order for substandard conditions shall be first considered by an administrative hearing officer pursuant to section 18.50.120 of this chapter.
3. The HAAB panel shall issue a written decision within fourteen (14) 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 fourteen (14) 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 thirty (30) days of the receipt of the appeal.
7. Appeals under this subsection shall stay the enforcement of those items appealed on the notice and order.
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 or securing any necessary authorization to enter the property to make repairs. (Ord. 52-01 § 4, 2001: Ord. 74-98 §§ 6, 7, 1998: Ord. 55-95 § 4 (Exh. A), 1995)