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NOTICES AND ORDERS OF BUILDING OFFICIAL
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)
(A) The Building Official shall issue a notice and order directed to the owner, owner’s agent, lessee or occupant of the building.
(B) The notice and order shall contain:
(1) The street address and a legal description of the premises upon which the building is located;
(2) A statement that the Building Official, Fire Chief or their authorized representatives have found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of § 151.03(B) of this chapter; and
(3) A statement of the action required to be taken as determined by the Building Official:
(a) If the Building Official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (at least 30 days from the date of the notice and not to exceed 60 days from the date of the order) and completed within such time as the Building Official shall determine is reasonable under all of the circumstances;
(b) If the Building Official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the Building Official to be reasonable;
(c) If the Building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official shall determine is reasonable (at least 30 days from the date of the notice and not to exceed 60 days from the date of the order); that all required permits be secured therefor within 30 to 60 days from the date of the order; and that the demolition be completed within such time as the Building Official shall determine is reasonable;
(d) A date and time for re-inspection of the property;
(e) Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official will order the building vacated and posted to prevent further occupancy until the work is completed and may proceed to cause the work to be done (abate the problem) and assess the owner the cost of such abatement and record a lien on the property for the assessment. If the city reserves the right to abate the dangerous building, the notice must also comply with the provisions of § 151.24 of this chapter; and
(f) Statements advising:
1. Any person having any record title or legal interest in the building may appeal from the notice and order or any action of the Building Official to the City Council; provided, the appeal is made in writing as provided in this chapter and filed with the Building Official within 15 days from the date of service of such notice and order; and
2. Failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
(Prior Code, § 6-7.11) (Ord. 791, passed - -1999)
(A) The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following, if known, to the Building Official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the City Manager, Building Official, Fire Chief or their authorized representatives to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this subchapter.
(Prior Code, § 6-7.12)
(B) (1) Service of the notice and order shall be made upon all entitled thereto by either having the Building Official, the City Manager or the designee of the City Manager personally serve the notice, or by mailing the notice by certified mail, return receipt requested. In complying with the obligation to “personally serve” the notice, the Building Official, City Manager or designee may follow Arizona Rules of Civil Procedure 4.1 and 4.2. In complying with the obligation to mail notice to the owner of the property, the Building Official, City Manager or designee can mail the notice to the last address on the tax bill. If the owner does not live on the property, the City Manager or designee can also send the notice to the last known address of the owner.
(2) Notice is deemed effective on the date it is hand delivered, sent or deposited in the United States mail.
(3) Nothing herein shall preclude the city from giving additional oral or written notice at its discretion. If the city does elect to give any additional notice in any instance, it shall not thereby become obligated to give such additional notice thereafter in the same or other situation.
(Prior Code, § 6-7.13)
(C) Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Building Official.
(Prior Code, § 6-7.14)
(Ord. 791, passed - -1999)
(A) Any notice issued under this chapter shall run with the land. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the city may, in its sole discretion, file in the office of the County Recorder a certificate describing the property and certifying:
(1) The building is a dangerous building; and
(2) The owner occupant, and/or lessee, if any, have been so notified.
(B) By recording the notice, the city may thereby cause compliance by any person or entity thereafter acquiring such property. The failure to record any notice shall not affect the validity of notice as to any person or entity receiving actual notice of the city’s notice. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the Building official shall file a new certificate with the County Recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer dangerous, whichever is appropriate.
(Prior Code, § 6-7.15) (Ord. 791, passed - -1999)
The following standards shall be followed by the Building Official (and by the City Council if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure:
(A) Any building declared a dangerous building under this chapter shall be made to comply with one of the following:
(1) The building shall be repaired in accordance with the current Building Code or other current code applicable to the type of substandard conditions requiring repair;
(2) The building shall be demolished at the option of the building owner, if the costs of repair exceed the benefit to property; or
(3) If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry.
(B) If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.
(Prior Code, § 6-7.16) (Ord. 791, passed - -1999)
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