If the owner, agent or person in possession, charge or control of such building or structure or part thereof, when so notified, fails, neglects or refuses to place such building or structure or part thereof in a safe condition, repair or maintenance, and fails to adopt such precautionary measures as have been specified by the Building Commissioner, within the time specified in the notice provided for in Section 1162.01, then at the expiration of such time, the Building Commissioner shall set a time and place for a hearing to be held on the question of such noncompliance. The date shall be not later than ten days following the expiration of the time within which the work was to have been completed, or the next meeting of the Board of Zoning Appeals, whichever is later. The Building Commissioner shall notify, in writing, the owner, agent or person in possession, charge or control of the building or structure or part thereof in question of his or her obligation to appear before such Board of Zoning Appeals at the place and time set by the Building Commissioner and to show cause why all persons should not be prevented from entering the building, structure or part thereof in question, except persons entering for the purpose of making repairs, and also to show cause why such building, structure or part thereof should not be torn down and destroyed. Judgment shall be rendered by the Board of Zoning Appeals on the basis of a majority vote. The decision of the Board of Zoning Appeals shall be final. Failure of the owner, agent or person in possession, charge or control of the building, structure or part thereof, to appear at such hearing at the time and place specified shall result in a violation to be charged against him or her by default.
(Ord. 2007-25. Passed 4-9-07.)