Sec. 11.9.8. Procedure for Enforcement

  1. Preliminary Investigation
    Whenever it appears to the code enforcement coordinator or officer that any nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public are jeopardized for failure of the property to meet the minimum standards established by this Article, the code enforcement coordinator or officer shall undertake a preliminary investigation, including, but not limited to, an inspection of the premises and discussion with any witnesses.
  2. Complaint and Hearing
    If the preliminary investigation discloses evidence of a violation of the minimum standards established by this Article, the code enforcement coordinator or officer shall issue and serve a complaint upon the owner of and any parties in interest, as may be established by reasonable due diligence, of the nonresidential building or structure. The complaint shall set forth and describe the violation and contain a notice stating that a hearing will be held before the code enforcement coordinator or officer at a place and time set forth in the notice; that the hearing shall be held not less than 10 days nor more than 30 days after service of the complaint; that the owner and any parties in interest shall be given the right to answer the complaint and to appear in person and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not control in hearings before the code enforcement coordinator or officer.
  3. Procedure after Hearing
    1. If, after notice and hearing, the code enforcement coordinator or officer determines that the nonresidential building or structure has been maintained in that the property meets the minimum standards established by this Article, the code enforcement coordinator or officer shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof a copy of said determination.
    2. If, after notice and hearing, the code enforcement coordinator or officer determines that the nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards established by this Article, the code enforcement coordinator or officer shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order in accordance with the provisions of paragraphs 3. and 4. below and subject to the limitations set forth in Chapter 6. Use Regulations of this UDO.
    3. If the code enforcement coordinator or officer determines that the cost of repair, alteration, or improvement of the building or structure would not exceed 50 percent of its then current value, then the code enforcement coordinator or officer shall state in writing the findings of fact in support of such determination and issue an order that the owner, within a time specified in the order, either (i) repair, alter, or improve the nonresidential building or structure in order to bring it into compliance with the minimum standards established by this Article or (ii) vacate and close the nonresidential building or structure for any use.
    4. If the code enforcement coordinator or officer determines that the cost of repair, alteration, or improvement of the building or structure would exceed 50 percent of its then current value, then the code enforcement coordinator or officer shall state in writing the findings of fact in support of such determination and issue an order that the owner, within a time specified in the order, either (i) remove or demolish the nonresidential building or structure or (ii) repair, alter or improve the nonresidential building or structure to bring it into compliance with the minimum standards established by this Article.
  4. Failure to Comply with Order and Ordinances
    1. If the owner fails to comply with an order to either (i) repair, alter, or improve the nonresidential building or structure or (ii) vacate and close the nonresidential building or structure, the code enforcement coordinator or officer shall submit to the City Council an ordinance ordering the code enforcement coordinator or officer to cause such nonresidential building or structure to be repaired, altered, or improved in order to bring it into compliance with the minimum standards established by this Article or to be vacated and closed for any use. The property shall be described in the ordinance. If City Council adopts the ordinance, the code enforcement coordinator or officer shall cause the building or structure to be vacated and closed for any use.
    2. If the owner fails to comply with an order to either (i) remove or demolish the nonresidential building or structure or (ii) repair, alter, or improve the nonresidential building or structure, the code enforcement coordinator or officer shall submit to the City Council an ordinance ordering the code enforcement coordinator or officer to cause such nonresidential building or structure to be removed or demolished. No ordinance shall be adopted to require removal or demolition of a nonresidential building or structure until the owner has first been given a reasonable opportunity to bring it into conformity with the minimum standards established by the City Council. The property shall be described in the ordinance. If City Council adopts the ordinance, the code enforcement coordinator or officer shall cause the building or structure to be removed or demolished.