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Ord 2005-048
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Ord 2005-048
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Last modified
6/2/2008 1:46:54 PM
Creation date
3/3/2006 10:24:53 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2005-48
Date
7/5/2005
Volume Book
162
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<br />(1) Name and address of the owner of the affected property, if that information can be <br />determined from a reasonable search of the instruments on file in the county clerk's office; <br /> <br />(2) A legal description of the affected property; and <br /> <br />(3) A description of the hearing. <br /> <br />Sec. 14.243. Same-Orders. <br /> <br />(a) Public hearings under this article will be held before a municipal court judge. <br /> <br />(b) The issues at a hearing will be limited to those described in subsection 14.242( c )(3). The building <br />official, the owner and any mortgagee or lienholder of the building and other interested persons may <br />address these issues at the hearing. <br /> <br />(c) Disputed fact issues will be determined by a preponderance of the evidence. <br /> <br />(d) If a building is found to be an unsafe building, the judge will order that the building be vacated, <br />secured, repaired or demolished. <br /> <br />(e) The judge will require the owner, lienholder or mortgagee of the building to, within 30 days: <br /> <br />(1) Secure the building from unauthorized entry; or <br /> <br />(2) Repair, remove or demolish the building, unless the owner or lienholder establishes at the <br />hearing that the work cannot reasonably be performed within 30 days. <br /> <br />(f) If the judge allows the owner, lienholder or mortgagee more than 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 <br />a reasonable manner from unauthorized entry while the work is being performed. <br /> <br />(g) The judge may not allow the owner, lienholder or mortgagee more than 90 days to repair, remove <br />or demolish the building or fully perform all work required to comply with the order unless the owner, <br />lienholder or mortgagee: <br /> <br />(1) Submits a detailed plan and time schedule for the work at the hearing; and <br /> <br />(2) Establishes at the hearing that the work cannot reasonably be completed within 90 days <br />because of the scope and complexity of the work. <br /> <br />(h) Ifthe judge allows the owner, lienholder or mortgagee more than 90 days to complete any part of <br />the work required to repair, remove or demolish the building, the judge will require the owner, <br />lienholder or mortgagee to regularly submit progress reports to the city to demonstrate that the owner, <br />lienholder or mortgagee has complied with the time schedules established for commencement and <br />performance of the work. The order may require that the owner, lienholder or mortgagee appear before <br />the municipal court judge or the judge's designee. <br /> <br />22 <br />
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