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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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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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(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 />(2) Repair, remove or demolish the building, unless the owner or lienholder establishes at the hearing that <br />the work cannot reasonably be performed within thirty (30) days. <br />(f) If the judge allows the owner, lienholder or mortgagee more than thirty (30) days to repair, remove or <br />demolish the building, the judge will establish specific time schedules for the commencement and <br />performance of the work and will require the owner, lienholder or mortgagee to secure the property in a <br />reasonable manner from unauthorized entry while the work is being performed. <br />(g) The judge may not allow the owner, lienholder or mortgagee more than ninety (90) days to repair, remove or <br />demolish the building or fully perform all work required to comply with the order unless the owner, <br />lienholder or mortgagee: <br />(1) Submits a detailed plan and time schedule for the work at the hearing; and <br />(2) Establishes at the hearing that the work cannot reasonably be completed within ninety (90) days <br />because of the scope and complexity of the work. <br />(h) If the judge allows the owner, lienholder or mortgagee more than ninety (90) days to complete any part of <br />the work required to repair, remove or demolish the building, the judge will require the owner, lienholder or <br />mortgagee to regularly submit progress reports to the City to demonstrate that the owner, lienholder or <br />mortgagee has complied with the time schedules established for commencement and performance of the <br />work. The order may require that the owner, lienholder or mortgagee appear before the municipal court <br />judge or the judge's designee. <br />(i) A copy of the order will be given to the owner and any lienholder or mortgagee of record of the property in a <br />manner described in subsection 14.241(d). <br />(j) Within ten (10) days after the date the order is issued, the City will: <br />(1) File a copy of the order in the city clerk's office; and <br />(2) Publish in a newspaper of general circulation in the city a notice containing: <br />a. The street address or legal description of the property; <br />b. The date of the hearing; <br />C. A brief statement indicating the results of the order; and <br />d. Instructions stating where a complete copy of the order may be obtained. <br />( Ord. No. 2015-21, § 1, 7-7-15 ) <br />Sec. 14.244. Failure to comply with order—Public hearing. <br />(a) If any part of an order issued under section 14.243 is not complied with by the owner or by any lienholder or <br />mortgagee, the Building Official will schedule a public hearing on the issue of failure to comply with the court <br />order. <br />(b) Notice of the public hearing will be given in accordance with subsections 14.242(b) and (d). <br />(c) The notice will contain the following: <br />(1) The street address of the building; <br />(2) The date and content of the court order; <br />(Supp. No. 35, Update 4) <br />Page 34 of 44 <br />Created: 2022-12-02 10:13:42 [EST] <br />
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