Item 5DOrdinance 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.
Sec. 4.5-165. Determination by building official
Amended
(1) Issue notice to the record owner that the building is substandard and must be repaired, listing the deficiencies, or issue notice to the record owner that the building is substandard,
and that the nature and/or the extent of the deficiencies make repair infeasible, so that the building must be demolished, listing the deficiencies.
Sec. 4.5-166. Public hearing for abatement of substandard buildings
Burden of Proof
Amended
Unless City Council determines building poses an immediate endangerment a public hearing with the Board is required
Notice issued minimum 10 days prior to hearing
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
Sec. 4.5-166. Public hearing for abatement of substandard buildings
Conduct of public hearing
Amended
Any evidence may be received and considered by the board, provided, however, that the board shall not consider evidence as to the existence or extent of any deficiencies or code violations
which were not identified in the notice to the record owner described in this Section.
Sec. 4.5-167. Order of building board of appeals
Findings of the board
Amended
The owner and all other interested persons may speak at hearing
Evidence is considered by the board
Hearing may adjourn from day to day and be continued upon a majority vote of the board
Sec. 4.5-167. Order of building board of appeals
Time allowed to complete work
Amended
If building is found not in violation the board may order enforcement actions cease
If building is found in violation the board may order the appropriate repairs within a reasonable timeframe
If building is found in violation and cannot be repaired the board may order the removal or demolition of the building within a reasonable timeframe
Sec. 4.5-167. Order of building board of appeals
Contents of Order (The order must contain at a minimum)
Amended
(3) 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;
(4) 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; and
.
Sec. 4.5-169. Enforcement of the order of building board of appeals
Amended
(a) 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:
(1) 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.
Sec. 4.5-172. Additional authority to secure certain substandard buildings prior to public hearing and secure, demolish, repair or remove certain dangerous buildings.
(d) Notice. The notice must contain:
(2) A description of each of the violations of the minimum standards present in the building;
(e) Hearing. The board or the City Council shall conduct a hearing at which the owner, lienholder and mortgagee may testify or present witnesses or written information about any matter
relating to the city's securing, repairing, removing or demolishing of the building, if, within thirty (30) days after the date the city has taken action pursuant to subsections 4.5-172(a)
or (b) above, the owner files with the city a written request for the hearing. The hearing shall be conducted within twenty (20) days after the date the request is filed.
Sec. 4.5-173. Civil penalty.
Amended
(2) 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;