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(a) The Building Code Board of Appeals shall also be the Board of Appeals for purposes of this chapter.
(b) Any owner, mortgagee, or other interested person of any building, structure, or portion thereof, ordered to vacate or to make repairs, or to demolish the building, structure, or portion, may, within two weeks from the date of service of the written notice to repair or demolish as provided above, file with the Board of Appeals his or her written objection to the order. The objection shall be filed with the Building Official. In the event of an objection being filed, a hearing shall be held upon the question of whether or not the building, structure, or portion thereof is imminently dangerous to the public safety, or to the users or occupiers of the building, or unfit for human habitation or occupancy. The owner, mortgagee, or other interested party of the building or structure shall be notified in writing of the date, time, and place of the hearing. The notice of hearing shall be so given at least forty-eight hours in advance of the time of the hearing.
(c) At any hearing before the Board of Appeals, the Building Official shall report the findings made upon his inspection of the building or structure, and shall present other evidence as may be available in support thereof. The owner, mortgagee, or other interested person shall then be heard, and the Board of Appeals shall receive evidence as may be offered tending to rebut the findings and evidence presented by the Building Official. Thereupon, the Board of Appeals shall determine whether or not the building, structure, or portion thereof is imminently dangerous to the public or to the occupiers or users of the building, or unfit for human habitation or occupancy, and if it so finds the building, structure, or portion to be unsafe, or unfit, it shall make a written finding of fact and decision, and forward the same to City Commission, along with a resolution, declaring the building, structure, or portion thereof to be unsafe and imminently dangerous, and unfit for human habitation or occupancy, and order the Building Official to have the nuisance abated. The City Commission shall consider the resolution, and within thirty days of its filing, either accept or reject same. The City Commission may reject said resolution only upon receiving a vote of at least two thirds of the members of City Commission indicating a rejection of the resolution of the Board of Appeals. If the City Commission fails to reject the resolution within 30 days, the same shall be deemed approved.
(Ord. 95-065. Passed 4-24-95.)