Upon finding a vacant structure open to entry at doors, windows, or other points of public safety, the Zoning shall make recommendation to the Safety Service Director to immediately secure such structure or hazard. The Safety Service Director may call on any department, division, bureau of the city, or may arrange by private contract for whatever assistance may be necessary to secure such structure or hazard as recommended by the Building Commissioner, and the following provisions shall apply;
(A) If directed to secure such structure or hazard by the Safety Service Director, the Building Commissioner shall have probable cause to enter on the premises for the purposes of securing said vacant structure or hazard. Photographs of the structure or hazard shall be taken prior to securing it, and those photographs shall be files appropriately with the City.
(B) Twenty-four hours prior to securing a vacant structure or hazard, the Building Commissioner shall serve a written notice on the owner in the manner provided by § 152.84(B)(4), provided however, that prior notice shall not be required if the Safety Service Director determines that such structure or hazard poses an imminent threat to public safety requiring emergency measures to secure the same, in which case notice shall be served within 24 hours after securing the same. Any notice under this subsection shall inform the owner of:
(1) The date on which such structure was found open to entry or such open hazard was found, and of the date and estimated time of when the securing of the structure will occur;
(2) The estimated cost to be incurred in securing the structure or hazard and that the city will recover such costs in the manner prescribed by § 152.87; and
(3) The right to appeal the said notice to the board of Building Appeals by making a written demand to the Safety Service Director with 15 days after receipt of the notice.
(C) As soon as practicable after securing of a vacant structure or hazard, the Building Commissioner shall serve additional written notice on the owner in the manner provided in § 152.84(B)(1), (2), or (3). The notice shall inform the owner of:
(1) The date on which such structure was found open to entry or such open hazard was found and of the date when such structure or hazard was secured;
(2) The actual cost incurred in securing the structure or hazard and that the city will recover such costs in the manner prescribed by § 152.87; and
(3) The right to appeal the said notice to the Board of Building Appeals by making written demand to the Safety Service Director within 15 days after receipt of the notice.
(D) Upon an appeal to the Board of Building Appeals, the Board may:
(1) Sustain the recommendation by the Building Commissioner; or
(2) Find that the action taken to secure the structure was unconstitutional, illegal, arbitrary, capricious, or unreasonable.
(E) If the Board of Building Appeals does not sustain the recommendation of the Building Commissioner, the costs incurred in securing the structure or hazard shall be paid from city funds specifically authorized by the city for such purposes.
(Ord. 13-01-001, passed 3-11-2013) Penalty, see § 152.99