§ 58-85. Notice of determination that a building or structure is unsafe, dilapidated or in imminent danger.

(a)

Upon identification of a building or structure as unsafe or dilapidated by the building official, notice shall be sent by the building official to the owner or owners of the building or structure as listed on the most recent available tax rolls, by registered or certified mail, return receipt requested, or by hand delivery by the said building official or deputy sheriff, directing that it be repaired or demolished. Also, said notice shall be posted on the building or structure. Failure of any person to receive notice shall not invalidate any proceedings under this section. Evidence of an attempt to serve notice, and proof of posting, shall be sufficient to show that these notice requirements have been met. Proof of posting with date and place of its posting shall be by affidavit of the person posting the notice. Attached to the affidavit shall be a copy of the notice posted.

(b)

As applicable, the notice should contain generally the following information:

(1)

The name of the person upon whom the notice is served.

(2)

The street address of the building or structure and the legal description of the property on which it is located.

(3)

That the building or structure has been determined to be unsafe, dilapidated or in imminent danger, providing in a summary manner the conditions upon which the determination is based.

(4)

If repairs or alterations will remedy the conditions, providing in a summary manner the nature and extent of the repairs or alterations necessary.

(5)

If the conditions are of such a character that repairs or alterations are not feasible or reasonably expected to remedy the conditions, notice that the building must be demolished.

(6)

That within 30 days or within five days for imminent danger cases from sending the notice, a complete building permit application for necessary repairs must be submitted and repairs commenced, or the building must be demolished.

(c)

If the conditions are not remedied within 30 days, or five days for imminent danger cases after the notice of determination is sent, or a building permit for repairs is not applied for and repairs not completed within a reasonable period of time, the determination shall be referred by the building official to the CLCA for a condemnation public hearing concerning the subject building or structure. The owner or owners shall be notified by the building official of the time, place and purpose of the public hearing. Also, said notice shall be posted on the building or structure. Failure of any person to receive notice shall not invalidate any proceedings under this section. Evidence of an attempt to serve notice, and proof of posting, shall be sufficient to show that these notice requirements have been met. Proof of posting with date and place of its posting shall be by affidavit of the person posting the notice. Attached to the affidavit shall be a copy of the notice posted.

(d)

Should any unsecured building, structure or property be deemed an imminent danger as set forth in this chapter, the building official is authorized, without CLCA approval, to secure the building, structure or property after notice has been provided to the property owner in accordance with subsection (c).

(Ord. No. 00-20, § VII, 5-18-00; Ord. No. 2006-05, § I, 3-2-06; Ord. No. 2015-15 , § III, 10-1-15)