A. Building Inspector: The building inspector shall:
1. Complaints By Persons: Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this chapter.
2. Reports By Town Departments: Inspect any building, wall or structure reported by the police departments as probably existing in violation of the terms of this chapter.
3. Notify Interested Persons: Notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building, as shown by the land records of the Gila County recorder, of any building found by him to be a dangerous building, within the standard set forth in section 9-2-1 of this chapter, that:
a. The owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this chapter;
b. The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession;
c. The mortgagee, agent or other persons having an interest in said building as shown by the land records of the Gila County recorder may at his own risk repair, vacate or demolish said building or have such work or act done; provided, that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time, not exceeding sixty (60) days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
4. Description Of Conditions: Set forth in the notice provided for in subsection A3 of this section, a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding sixty (60) days, as is reasonable.
5. Report Noncompliance: Report to the town manager any noncompliance with the "notice" provided for in subsections A3 and A4 of this section.
6. Appearance At Hearings: Appear at all hearings conducted by the town manager or town council and testify as to the condition of dangerous buildings.
7. Placement Of Notice; Contents: Place a notice on all dangerous buildings reading as follows:
This building has been found to be a dangerous building by the Building Inspector. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given to the owner, occupant, lessee, mortgagee or agent of this building, and all other persons having an interest in said building, as shown by the land records of the Gila County Recorder. It is unlawful to remove this notice until such notice is complied with.
B. Town Manager: The town manager shall:
1. Notice To Appear: Upon receipt of a report of the building inspector, as provided for in subsection A5 of this section, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building, as shown by the land records of the Gila County recorder, to appear before him on the date specified in the notice, to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the building inspector's notice provided for in subsection A4 of this section.
2. Conduct Hearing: Hold a hearing and hear such testimony of witnesses, including the building inspector and the owner, occupant, mortgagee, lessee or any other person having an interest in said building, as shown by the land records of the Gila County recorder, shall offer relative to the dangerous building.
3. Written Findings: Make written findings of fact from the testimony offered pursuant to subsection B2 of this section as to whether or not the building in question is a dangerous building within the terms of section 9-2-1 of this chapter.
4. Issue Order: Issue an order based upon findings of fact made pursuant to subsection B3 of this section commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building, as shown by the land records of the Gila County recorder, to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter; and provided, that any person so notified, including the owners, shall have the privilege of either vacating or repairing said dangerous building; or any person having an interest in said building as shown by the land records of the Gila County recorder may demolish said dangerous building at his own risk to prevent the acquiring of a lien against the land upon which said dangerous building stands by the town as provided in subsection B5 of this section.
5. Noncompliance; Town Authority: If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in subsection B4 of this section within twenty (20) days, the town manager shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards provided for in section 9-2-4 of this chapter, and shall, with the assistance of the town attorney cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner; provided, that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of this town, the town manager may notify the town attorney to take legal action to force the owner to make all necessary repairs or demolish the building.
6. Report To Town Attorney: Report to the town attorney the names of all persons not complying with the order provided for in subsection B4 of this section.
7. Appeal To Town Council: A person to whom an order of the town manager is directed shall have the right, within ten (10) days of the service of such order, to appeal to the town council. The town council shall convene a quorum within thirty (30) days to review such order. If the order is affirmed or modified, the person to whom it is directed shall comply with the order as so affirmed or modified within twenty (20) days. If such person fails to comply with the order, the town manager shall cause such building or structure to be repaired, vacated or demolished as set forth in subsection B5 of this section.
C. Town Attorney: The town attorney shall:
1. Appear At Hearings: Appear upon request at all hearings before the town manager in regard to dangerous buildings.
2. Bring Suit: Bring suit to collect all municipal liens, assessments or costs incurred by the town manager in repairing or causing to be vacated or demolished dangerous buildings.
3. Other Legal Action Necessary: Take such other legal action as is necessary to carry out the terms and provisions of this chapter.
D. Police And Fire Officials: The appropriate fire and police officials shall promptly make a report in writing to the building inspector of all buildings or structures which are, may be, or are suspected to be dangerous buildings within the terms of this chapter. (2006 Code)