Unified Development Ordinance

Sec. 11.5.5. Notice and Hearing; Order to Take Corrective Action

Sec. 11.5.5. Notice and Hearing; Order to Take Corrective Action aaron.sheppard… Wed, 05/24/2023 - 10:07
  1. If the owner of a building or structure that has been declared unsafe shall fail to take prompt corrective action, the inspector shall give the owner written notice, by certified or registered mail to the last known address or by personal service that:
    1. The building or structure is in a condition that appears to meet one or more of the following conditions:
      1. Constitutes a fire or safety hazard;
      2. Is dangerous to life, health, or other property;
      3. Is likely to cause or contribute to blight, disease, vagrancy, or danger to children; or
      4. Has a tendency to attract persons intent on criminal activities or other activities which would constitute a public nuisance.
    2. A hearing will be held before the inspector at a designated place and time, not later than 10 days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and
    3. Following the hearing, the inspector may issue such order to repair, close, vacate, or demolish the building or structure as appears appropriate.
  2. If the name or whereabouts of the owner cannot after due diligence be discovered, the notice shall be considered properly and adequately served if a copy thereof is posted on the outside of the building or structure in question at least 10 days prior to the hearing and a notice of the hearing is published in a newspaper having general circulation in the City at least once not later than one week prior to the hearing. An inspector may also send a notice by first-class mail to an owner's last known mailing address but is not required to do so.
  3. The inspector shall issue findings after the hearing. If the inspector finds that the building or structure is in a condition that constitutes a fire or safety hazard or renders it dangerous to life, health, or other property, the inspector shall issue a written order to take corrective action to the owner requiring the owner to remedy the defective conditions within a specified period not less than 60 days from the date of the order by repairing, closing, vacating, or demolishing the building or structure or taking other necessary steps as the inspector may prescribe; provided, that where the inspector finds in the order that there is imminent danger to life or other property, the inspector may order that corrective action be taken in such lesser period as may be feasible.