Item 7BItem 7B
Ordinance 876-A
Property Maintenance Ordinance
Background
Original Ordinance # 697 was amended in 2004 as Ordinance #876.
This amendment was required to comply with legislative changes.
Recent litigation has required further clarification of the Ordinance.
Purpose
To Clarify procedures, burdens and remedies; providing for the repair, demolition, removal, securing, and vacation of dangerous and substandard buildings.
Determination by Building Official
Amendment requires a listing of the deficiencies on the notice issued to the property owner
Public hearing for Abatement of Substandard Buildings
City has burden of proof to establish that structure is not in compliance with applicable codes and is substandard.
Owner has burden of proof to establish scope of work required to comply with article, time needed for repairs, and financial ability to perform work
Order of the Building Board of Appeals
The order now must contain
A description of each of the ordered actions, including a statement that the owner may repair, if determined feasible by the board, or demolish or remove, the building at his option;
A statement that the city will vacate, secure, remove or demolish the building and/or relocate the occupants of the building if the ordered action is not taken within the time allowed,
and charge the costs of such actions to the owner, and impose a lien against the property for all such costs
Enforcement of the Order of Building Board of Appeals
Amendments to the enforcement section now include
If the order not complied with, city may take action as provided herein. If the building is not vacated, secured, repaired, removed or demolished within the time specified by the order,
the city may vacate, secure, repair, remove or demolish the building or relocate the occupants at its own expense, provided however:
Except as expressly provided otherwise in this Chapter, the city may not act to remove or demolish a building until after the board has found that such defects or conditions exist to
the extent that the life, health, property or safety of the public or the occupants of the building are endangered; and either that
a. The building is infeasible of repair; or
b. There is no reasonable probability that the building will be repaired within a reasonable period of time if additional time is given.
Civil penalty
Amended language for issuing a citation now requires the notice to include
A statement that the building official has determined that the property owner committed an act in violation of that order, or failed to take an action necessary for compliance with that
order, together with a description of the acts that violated the order, or a description of what actions the owner failed to take that were necessary for compliance with the order