§ 22-281. Emergency procedures for substandard structures.  


Latest version.
  • (a)

    The commission may invoke emergency procedures only if the building official makes the findings required by section 22-301.

    (b)

    Notice.

    (1)

    Actual notice of the hearing shall be given, if possible, to the owner and any occupants of the structure. Notice may be given by hand-delivery or by certified mail, return receipt requested. Notice shall also be physically attached to the structure unless all owners and occupants have received actual notice by hand-delivery. If the structure is a fence, shed, accessory building, or other structure not designed to be inhabited, notice shall also be posted on an inhabitable structure on the property if one exists.

    (2)

    Notice shall be given, if possible, at least three days prior to the hearing.

    (3)

    If providing notice as required by subsections (b)(1) and (2) would create a delay that would materially increase the hazard to life or property, then only such notice as would not materially increase the hazard to life or property shall be given.

    (c)

    Hearing.

    (1)

    At the emergency hearing, the responsible party and any occupants of the structure may present evidence either by documentary evidence, direct testimony, or by presenting witnesses on their own behalf.

    (2)

    The building official or the building official's designee shall present evidence regarding the condition of the building or structure, the damage it poses to the occupants and to the general public, and any other factors material to the commission's decision.

    (3)

    Any member of the public with evidence material to the commission's decision may present evidence.

    (4)

    The property owner may cross-examine any witnesses.

    (5)

    Any witness may be questioned by the commission or by the building official.

    (d)

    Decision.

    (1)

    If the commission, after consideration of the evidence presented, finds that the factors set forth in section 22-302 are true, it may issue an emergency order to:

    a.

    Require that the structure be immediately vacated;

    b.

    Require that area surrounding the structure be immediately vacated;

    c.

    Require that temporary bracing or shoring be constructed in order to eliminate or reduce the immediate threat of collapse of the structure.

    d.

    Require that the structure, or any part thereof, that cannot be made safe or secure, be immediately demolished.

    (2)

    If any owner or occupant of the structure is not present at the hearing when the order is issued, a notice of the commission's order shall be posted as near as possible to the entrance of the structure.

    (3)

    If the structure constitutes a threat to persons or structures on adjacent property, notice of that threat shall be posted on such adjacent property.

    (e)

    Appeal.

    (1)

    If the owner or occupant of the structure subject to the emergency order is dissatisfied with the emergency order, the order may be appealed to the city council.

    (2)

    The effectiveness of the order will not be suspended unless the building official is provided proof that the property is temporarily secured sufficiently to effectively prevent harm to persons or property in and around such structures.

(Ord. No. O-22-06, § II, 7-10-2006)