(A) Commencement of proceedings. Whenever the City Code Enforcement Officer has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he or she shall commence proceedings to cause the repair, vacation or demolition of the building.
(B) Notice and order.The Building Official shall issue a notice and order directed to the record owner of the building.The notice and order shall contain:
(1) The street address and a legal description sufficient for identification of the premises upon which the building is located;
(2) A statement that the Enforcement Official has 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 § 151.063;
(3) A statement of the action required to be taken as determined by the Enforcement Official.
(a) If the Enforcement 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 (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 Enforcement 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; and
(c) If the Enforcement 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 Enforcement Official shall determine is reasonable (not to exceed) 60 days from the date of the order, and that the demolition be completed within such time as the Enforcement Official shall determine is reasonable.
(4) Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Enforcement Official:
(a) Will order the building vacated and posted to prevent further occupancy until the work is completed; and
(b) May proceed to cause the work to be done and charge the costs thereof against the property or its owner.
(5) Statements advising that:
(a) 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 Board of Appeals, provided the appeal is made in writing as provided in this code and filed with the City Code Enforcement Officer within 30 days from the date of service of such notice and order; and
(b) Failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter.
(C) Service of notice and order.
(1) The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property.
(2) One copy thereof shall be served on each of the following if known to the Enforcement Official or disclosed from official public records:
(a) The holder of any mortgage or deed or trust or other lien or encumbrance of record;
(b) The owner or holder of any lease of record; and
(c) The holder of any other estate or legal interest of record in or to the building or the land on which it is located.
(3) The failure of the Enforcement Official 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 on them by the provisions of this section.
(D) Method of service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his or her address as it appears on the last equalized assessment roll of the county or as known to the Enforcement Official. If no address of any such person so appears or is known to the Enforcement Official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
(E) Proof of service. 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 Enforcement Official.
(Prior Code, § 14.04.10) (Ord. 438, passed - -; Ord. 600, passed - -; Ord. 731, passed - -; Ord. 912, passed 11-19-2018)