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Ord 2015-021/Building and Building Regulations (Ch. 14 revisions and updates)
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Ord 2015-021/Building and Building Regulations (Ch. 14 revisions and updates)
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1/31/2019 9:18:23 AM
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7/10/2015 3:08:58 PM
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City Clerk - Document
Ordinances
Number
2015-21
Date
7/7/2015
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a. By publishing the notice at least twice within a ten-day period in a newspaper of general circulation <br />in the county in which the building is located; or <br />b. By posting the notice on or near the front door of the building. <br />Sec. 14.242. - Public hearing—Notice. <br />(a) If the owner of a building fails to comply with a request in an initial notice to vacate or obtain a permit for a <br />building under this article, the building official may schedule a public hearing on the building or pursue other <br />enforcement action regarding the building. If the owner of a building responds to an initial notice by requesting <br />a public hearing, the building official will schedule a public hearing on the building. <br />(b) Notice of a public hearing will be given to the owner of the building and to each mortgagee and lienholder having <br />an interest in the building or in the property on which the building is located, in a manner described in subsection <br />14.241(d). <br />(c) The notice will contain the following: <br />(1) The street address of the building; <br />(2) A description of the conditions that make the building an unsafe building; <br />(3) A statement that the issues at the hearing will be whether the building is an unsafe building and, if so, <br />whether the building should be vacated, secured, repaired or demolished and, if so, within what time periods <br />these activities should be completed; <br />(4) A statement that if the building is not vacated, secured, repaired or demolished in accordance with an order <br />entered after the hearing, the city may vacate, secure, repair or demolish the building and assess a lien for <br />expenses incurred; and <br />(5) A statement that the owner, lienholder or mortgagee is required to submit, at the hearing, proof of the scope <br />of any work that may be required to comply with this article and the time it will take to reasonably perform <br />the work. <br />(d) The Ceity may file notice of the hearing in the official public records of real property in the county in which the <br />property is located. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees <br />of interest in the property, who acquire the interest after the filing of the notice, and constitutes notice of the <br />hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of <br />notice. The notice will contain the following: <br />(1) Name and address of the owner of the affected property, if that information can be determined from a <br />reasonable search of the instruments on file in the county clerk's office; <br />(2) A legal description of the affected property; and <br />(3) A description of the hearing. <br />Sec. 14.243. - Same—Orders. <br />(a) Public hearings under this article will be held before a municipal court judge. <br />(b) The issues at a hearing will be limited to those described in subsection 14.242(c)(3). The building official, the <br />owner and any mortgagee or lienholder of the building and other interested persons may address these issues at <br />the hearing. <br />(c) Disputed fact issues will be determined by a preponderance of the evidence. <br />(d) If a building is found to be an unsafe building, the judge will order that the building be vacated, secured, repaired <br />or demolished. <br />(e) The judge will require the owner, lienholder or mortgagee of the building to, within thirty (30) days: <br />(1) Secure the building from unauthorized entry; or <br />Page 24 <br />
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