Ord 2023-009/Amending Ch 14 Bld and Bldg regulations and chapter 38 Fire Prevention and Protection of City of SM Code of Ordinance to adopt the 2021 International code ICC Family codes and the 2020 National Electric code with amendments

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Sec. 14.242. Public hearing—Notice. (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 building under this article, the Building Official may schedule a public hearing on the building or pursue other enforcement action regarding the building. If the owner of a building responds to an initial notice by requesting a public hearing, the Building Official will schedule a public hearing on the building. (b) Notice of a public hearing will be given to the owner of the building and to each mortgagee and lienholder having an interest in the building or in the property on which the building is located, in a manner described in subsection 14.241 (d). (c) The notice will contain the following: (1) The street address of the building; (2) A description of the conditions that make the building an unsafe building; (3) A statement that the issues at the hearing will be whether the building is an unsafe building and, if so, whether the building should be vacated, secured, repaired or demolished and, if so, within what time periods these activities should be completed; (4) A statement that if the building is not vacated, secured, repaired or demolished in accordance with an order entered after the hearing, the city may vacate, secure, repair or demolish the building and assess a lien for expenses incurred; and (5) A statement that the owner, lienholder or mortgagee is required to submit, at the hearing, proof of the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work. (d) The City may file notice of the hearing in the official public records of real property in the county in which the property is located. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of interest in the property, who acquire the interest after the filing of the notice, and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of notice. The notice will contain the following: (1) Name and address of the owner of the affected property, if that information can be determined from a reasonable search of the instruments on file in the county clerk's office; (2) A legal description of the affected property; and (3) A description of the hearing. ( Ord. No. 2015-21, § 1, 7-7-15 ) Sec. 14.243. Same—Orders. (a) Public hearings under this article will be held before a municipal court judge. (b) The issues at a hearing will be limited to those described in subsection 14.242(c)(3). The Building Official, the owner and any mortgagee or lienholder of the building and other interested persons may address these issues at the hearing. (c) Disputed fact issues will be determined by a preponderance of the evidence. (d) If a building is found to be an unsafe building, the judge will order that the building be vacated, secured, repaired or demolished. (Supp. No. 35, Update 4) Page 33 of 44 Created: 2022-12-02 10:13:42 [EST]