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Ord 1993-010
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Ord 1993-010
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Last modified
8/1/2007 4:46:22 PM
Creation date
7/2/2007 3:10:43 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
1993-10
Date
2/22/1993
Volume Book
109
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<br /> )?-(PQ <br /> -16- <br /> (b) The issues at a hearing will be limited to those <br /> described in Sec. 5-104(b) (3) above. The building official, <br /> the owner and any mortgagee or lienholder of the building, <br /> and other interested persons may address these issues at the <br /> hearing. <br /> (c) Disputed fact issues shall be determined by a <br /> preponderance of the evidence. <br /> (d) If a building is found to be an unsafe building, the <br /> judge will order that the building be vacated, secured, <br /> repaired or demolished. <br /> (e) An order shall require the owner to obtain an <br /> appropriate permit within a specified time, and to complete <br /> each remedial action within a specified time. The order <br /> shall also specify an additional time period for such <br /> actions to be taken by any mortgagee or lienholder in the <br /> event the owner fails to comply with any part of the order. <br /> (f) A copy of the order shall be given to the owner, and <br /> to each mortgagee and lienholder of the building or <br /> property, in a manner described in Sec. 5-103(d) above. <br /> ~ <br /> Sec. 5-106. Failure to Comply with Order; Lien. <br /> (a) If any part of an order is not complied with by the <br /> owner nor by any mortgagee or lienholder, the building <br /> official may cause the ordered remedial action to be taken. <br /> (b) Any repairs caused by the building official will be <br /> limited to the removal or correction of hazardous <br /> conditions, and the securing of the building against <br /> unauthorized entry. ' <br /> (c) The building official shall certify the amount of th€ <br /> City's expenses for remedial action to the finance director <br /> for billing to the owner. <br /> (d) The finance director may assess the expenses as a <br /> lien against the property on which the building is or was <br /> located on a form approved by the city attorney. <br /> Sec. 5-107. Guidelines for Remedial Action. <br /> (a) The criteria within this section are guidelines for <br /> the judge of the municipal court to use in determining the <br /> remedial action to be ordered for an unsafe building. <br /> (b) If the condition of a building poses a manifest <br /> hazard to the occupants of the building, it will be vacated. <br /> (c) If the cost of repairing an unsafe building to meet <br /> all applicable standards equals or exceeds the value of the <br /> building, the building will be demolished. ! <br /> ¡ <br /> (d) If the cost of repairing an unsafe building to meet <br /> all applicable standards is less than the value of the <br /> building, the building will be repaired or demolished. <br /> (e) If an unsafe building is to be repaired, and is <br /> vacant, it will be secured against unauthorized entry. <br /> Sec. 5-108. Prohibited Acts. <br /> (a) It shall be unlawful for the owner of a building to <br /> maintain the building in a manner that allows the building <br />
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