(A) Voluntary vacation of premises. No penalty shall be imposed upon any owner who serves written notice upon the Legislative Hearing Officer stating an intent to permanently vacate the premises within 30 days. Written notice must be filed with the Hearing Officer within ten days from the date on which the placard was placed on the property and shall include proof that notice of eviction was served upon the occupants of the condemned premises.
(B) Stay pending appeal. Enforcement proceedings or orders to correct violations shall be held in abeyance if the owner shall file an appeal to the Legislative Hearing Officer within ten days of receiving the written order issued by the enforcement officer, except in the case of an order to vacate a structure which is deemed to be in an unsafe condition and dangerous to life or limb, the enforcement officer shall proceed to order the building vacated until it is made safe or a final determination is made by the Legislative Hearing Officer allowing re-occupancy of the building. Abeyance of enforcement proceedings shall continue until such time as the Hearing Officer shall have issued a final determination or in the event the owner should not prosecute the appeal in a timely fashion.
(C) Procedure on appeal. An appeal from an order of an enforcement officer shall proceed in accordance with the provisions of Chapter 31.
(D) Summary enforcement. In cases where the delay required to complete the notice and procedure requirements set forth in divisions (A) or (B) will permit a violation of this chapter to unreasonably endanger public health, safety or welfare, the City Council may order summary enforcement of the provisions of this chapter. To proceed with summary enforcement, the officer charged with enforcement shall determine that a violation exists or is being maintained on premises in the city and that delay in a cure of the violation will unreasonably endanger public health, safety or welfare. The enforcement officer shall notify, in writing, the occupant or owner of the premises of the nature of the violation and of the city's intention to seek summary enforcement and the time and place of the Council meeting at which the question of summary enforcement will be considered. The City Council shall determine whether or not the condition identified in the notice to the owner or occupant is a violation, whether public health, safety or welfare will be unreasonably endangered by delay required to complete the procedure set forth in this section and may order that such violation be immediately cured. If the nuisance is not immediately cured, the City Council may order summary enforcement and take such action as is required to cure the violation.
(E) Extension of time to cure violation. If no appeal is made by the property owner or occupant or person claimed to be responsible for permitting a violation of this chapter to exist, the enforcement officer on request by the property owner or occupant or person claimed to be responsible for permitting a violation to exist may agree to extend the time period during which the owner, occupant or responsible person has to cure the violation. The extension of time shall be for a reasonable period. A refusal by the enforcement officer to extend the time period in which the owner, occupant or responsible person can cure the violation is not appealable.
(F) Cure of violation by city. If the owner or occupant does not cure the violation during the time period as set by the enforcement officer, whether as originally set or as extended or by the Legislative Hearing Officer after appeal, the city shall have the right to cure the violation. For the purpose of curing the violation, the city shall have the right to enter on the property where the violation exists to do what is necessary to cure the violation. By failing to cure the violation within any time period set the owner or occupant shall be considered to have consented to such entry.
(G) Recovery of cost. The owner of premises on which a violation has been cured by the city shall be personally liable for the cost to the city for the curing of the violation, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other official designated by the Council shall prepare a bill for the cost and mail it to the owner by first class mail. Thereupon the amount shall be immediately due and payable at the office of the City Clerk. Where the responsible party is the property owner, if all or any portion of the cost of curing the violation remains unpaid after 30 days, the portion thereof that remains unpaid constitutes a lien on the property that was the subject of the curative procedures. The City Clerk or other official designated by the Council is authorized to file a notice of lien with the County Recorder’s office.
(Ord. 962, passed 4-12-04) Penalty, see § 10.99