§ 58-86. Condemnation by the CLCA.

(a)

If the owner of any building or structure has failed to remedy unsafe or dilapidated conditions as provided in subsection 58-85(c), after the expiration of the 30-day period, or the five-day period for imminent danger cases, the CLCA shall consider condemning the building or structure.

(b)

Each case before the CLCA shall be presented by the building official or other county staff. At the hearing, the CLCA shall proceed to hear evidence and testimony on the cases before the CLCA. All testimony shall be under oath and shall be recorded. The CLCA shall take testimony from the building official or county staff, the property owner, and other witnesses called by either the county staff or the property owner. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

(c)

After hearing evidence and/or testimony on the case at said public hearing conducted by the CLCA that any building or structure is unsafe, dilapidated or found to be an imminent danger in accordance with subsections 58-84(a) and (b), the CLCA may adopt a resolution condemning it, requiring the owner to remedy the conditions by repair or removal, by a date set by the CLCA, and providing that failure of the owner to do so will result in the CLCA authorizing the building official to take action to remedy the conditions and charging all expenses thereof against the real property. The CLCA may also take any other appropriate action to carry out the purpose and intent of this article. The CLCA, the building official or his duly authorized representative, or the property owner may request a postponement or continuance of a scheduled public hearing.

(d)

If the conditions are not remedied within the time established by the CLCA, the building official shall take whatever action determined necessary and appropriate to remedy the conditions, including vacating, fencing, securing, demolishing, or removing the unsafe or dilapidated building or structure. In the event demolition or removal of the unsafe or dilapidated building or structure is required by the building official, the building official shall notify the county council prior to said demolition or removal of said building or structure.

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