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§ 151.21 INSPECTIONS.
   (A)   (1)   The City Manager, the Fire Chief, the Building Official and/or their authorized representatives are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.
      (2)   When it is necessary to make an inspection to enforce the provisions of this chapter, or when the Building Official or the Building Official’s authorized representative has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this chapter which makes the building or premises unsafe, dangerous or hazardous, the Building Official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this chapter; provided that, if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. AUTHORIZED REPRESENTATIVE shall include the officers named in division (A)(1) above and their authorized inspection personnel.
(Prior Code, § 6-7.04)
   (B)   All buildings or structures within the scope of this chapter and all construction or work for which a permit is required shall be subject to inspection by the Building Official in accordance with and in the manner provided by this chapter and §§ 108 and 1701 of the Building Code.
(Prior Code, § 6-7.07)
(Ord. 791, passed - -1999)
§ 151.22 ABATEMENT.
   All buildings or portions thereof which are determined after inspection by the Building Official to be dangerous, as defined in this chapter, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in §§ 151.40, 151.41 and 151.42(A) and (B) of this chapter.
(Prior Code, § 6-7.05) (Ord. 791, passed - -1999) Penalty, see § 151.99
§ 151.23 VIOLATIONS.
   It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this chapter.
(Prior Code, § 6-7.06) (Ord. 791, passed - -1999) Penalty, see § 151.99
§ 151.24 ABATEMENT BY CITY.
   (A)   If the property owner, occupant, lessee or other person served with a notice pursuant to this chapter fails to comply with such notice or order, the city may correct or abate the conditions subject to the notice, including the right to demolish the dangerous building if the cost to the city to repair the building exceeds the cost to demolish the dangerous building.
   (B)   If the city reserves the right to abate the nuisance itself, it shall include in the notice issued under §§ 151.40 and 151.41 of this chapter, the costs to the city of repair or demolition if the owner or lessee does not comply with the notice.
   (C)   In the event the city corrects or abates a violation of this chapter, the city shall prepare a verified statement and account of the actual cost of such removal or abatement, including the cost of labor and expenses incurred by the city, any associated legal costs for abatement and injunctions, as well as an additional 5% for inspection and other incidental costs in connection with such correction or abatement. The statement of abatement costs shall be delivered or mailed, certified mail return receipt requested, to the owner(s), occupants, lessees or other person(s) upon whom the city served the notice or order. That statement shall further set forth the following:
      (1)   The statement of costs is an assessment upon the lots and tracts of land from which the city corrected or abated the violation;
      (2)   The assessment shall be payable in equal annual installments from the date the assessment is recorded and according to the following schedule:
 
Less than $500
Within one year after assessment recorded
$500 - $1,000
Within two years after assessment recorded
$1,000 - $5,000
Within three years after assessment recorded
$5,000 - $10,000
Within six years after assessment recorded
Over $10,000
Within ten years after assessment recorded
 
      (3)   The right to appeal the amount of the costs.
   (D)   The city shall prepare the verified statement and account within 45 days from the last day in which the city performed any work on the property. The verified statement and account shall be an assessment on the property.
   (E)   The assessment shall be recorded in the office of the County Recorder and, from the date of its recording, shall be a lien on the lot or tract of land. Such lien is prior to and superior to all other liens, obligations, mortgages or other encumbrances, except liens for general taxes.
   (F)   If, at any time, payments are not made in a timely manner, the city may file an action for judgment on foreclosure and order of sale in Superior Court for both the amount past due as well as the entire, outstanding amount of the lien. The failure to enforce the lien or the foregoing payment schedule shall not affect either the validity of the lien or the right to receive payments.
   (G)   The recorded assessment shall be prima facie evidence of the truth of all matters recited therein and of the regularity of all proceedings prior to the recording thereof.
   (H)   A prior assessment pursuant to this section shall not be a bar to a subsequent assessment and any number of liens on the same lot or tract of land may be enforced in the same action.
(Prior Code, § 6-7.18) (Ord. 791, passed - -1999)
§ 151.25 APPEALS.
   (A)   Appeals to City Council.
      (1)   Any notice or assessment may be appealed to the City Council.
      (2)   An appeal must be filed within 15 days of the service of the notice to abate or assessment, and must be filed with the City Clerk’s office.
      (3)   Failure of a person entitled to appeal under this chapter to timely file an appeal shall constitute a waiver of the right to a hearing of the complaint and such person shall be estopped to deny the validity of any notice or assessment which could have been timely appealed.
      (4)   The notice of appeal shall set forth, in writing, the person’s reasons for believing they are not in violation of the chapter or that the assessment is excessive.
      (5)   The individual appealing shall accompany the written appeal with an appeal fee of $25, such sum to be deposited in the General Fund of the city.
      (6)   In case of financial hardship, the fee may be suspended.
(Prior Code, § 6-7.19)
   (B)   Matters on appeal. Any person may appeal a notice to abate or assessment:
      (1)   When it is claimed the property or building subject to the notice is not in violation of this chapter;
      (2)   When it is claimed the true intent of the chapter or standards described in the chapter have been incorrectly interpreted; or
      (3)   When it is claimed that the city’s costs for correcting or abating the violation are excessive.
(Prior Code, § 6-7.20)
   (C)   Procedure on appeal.
      (1)   The City Council shall set a date for hearing on appeal within 30 days of the receipt of notice of appeal by the City Clerk. The notice to appellant shall be substantially in the following form, but may include other information:
 

You are hereby notified that a hearing will be held before the City of Williams City Council at on the                   day of                             , 20         , at the hour                  , upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you.
 
      (2)   A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the Council. The proceedings at the hearing may also be reported by a certified court reporter if requested by appellant and paid for by appellant. If the appellant retains the services of a court reporter, a copy of the transcript shall be made available to the city, if requested, upon payment of the court reporter’s fee for a copy of the transcript.
      (3)   The Council shall take testimony from all parties to the appeal. The City Council has the power to administer oaths and affirmations and to certify to official acts.
      (4)   Each party shall have these rights, among others:
         (a)   To call and examine witnesses on any matter relevant to the issues of the hearing;
         (b)   To introduce documentary and physical evidence;
         (c)   To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
         (d)   To impeach any witness regardless of which party first called the witness to testify;
         (e)   To rebut the evidence; and
         (f)   To be represented by anyone who is lawfully permitted to do so in the state.
      (5)   (a)   The City Council may inspect any building or premises involved in the appeal as part of the hearing; provided that:
            1.   Notice of such inspection shall be given to the parties before the inspection is made;
            2.   The parties are given an opportunity to be present during the inspection; and
            3.   The City Council shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom.
         (b)   Each party then shall have a right to rebut or explain the matters so stated by the City Council.
      (6)   The Council shall prepare a written summary of the hearing and shall set forth the decision reached. A decision shall be rendered within 15 days of the hearing, and the findings and decision shall be mailed to all parties to the appeal.
(Prior Code, § 6-7.21)
   (D)   Abatement variances and time extensions.
      (1)   Any person may request a variance or time extension of a notice or assessment. Such request shall be made to the City Council.
      (2)   The same time limits for filing, fees and written requirement that appear in divisions (A) and (B) above on appeal apply to this subchapter.
      (3)   The procedure shall be the same as set forth in division (C) above.
      (4)   Where the Council grants a variance, it shall set forth its reasons for granting the variance and the extent of the variance.
      (5)   The Council may grant a variance only where it is determined that all of the following apply:
         (a)   Special circumstances or conditions apply to this appeal application such as hardship;
         (b)   Authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and
         (c)   Authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property or adjacent property values, to the neighborhood or to the public welfare in general.
      (6)   The Council may grant one extension of the time limit set forth in § 151.41 of this chapter. Such extension shall not exceed 180 days. The extension period granted by the Council starts to run on the day the Council issues its decision pursuant to this division (D)(6). The Council may grant an extension only where it is shown that:
         (a)   It would create a hardship to bring the property into compliance within the 30-day period of § 151.41 of this chapter; and
         (b)   The moving party presents a plan, that is approved by the Council by which the property will be brought into compliance within 180 days.
(Prior Code, § 6-7.22)
   (E)   Appeal from decision of Council. Any party aggrieved by a decision of the Council may appeal to the county’s Superior Court in accordance with the rules of procedure for special actions.
(Prior Code, § 6-7.23)
   (F)   Stay of order during appeal to Council. Except for orders to vacate or violations presenting an imminent hazard, the timely filing of an appeal shall stay enforcement of a notice to abate or assessment until the appeal is finally determined by the Council.
(Prior Code, § 6-7.24)
(Ord. 791, passed - -1999)
NOTICES AND ORDERS OF BUILDING OFFICIAL
§ 151.40 COMMENCEMENT OF PROCEEDINGS TO ORDER REPAIR, DEMOLITION OR VACATION.
   When the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, the Building Official shall commence proceedings to cause the repair, vacation or demolition of the building.
(Prior Code, § 6-7.10) (Ord. 791, passed - -1999)
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