Indio Municipal Code Ch. 95B Dangerous Building Abatement

[Ord. 1226, 8-5-1998]

(A) It is the purpose of this chapter to provide a just, equitable and practicable method by which:

(1) Buildings or structures, which irrespective of cause endanger the life, limb, health, morals, property, safety or welfare of the general public, or their occupants, may be required to be repaired, vacated or demolished; and

(2) Provisions are made to protect buildings or structures from vandalism, burglary, or other unlawful acts.

This chapter is based upon the 1994 Edition of the Uniform Code for the Abatement of Dangerous Buildings and meant to be cumulative with and in addition to any other remedy provided by the building or housing codes or otherwise available at law.

(B) These provisions shall apply to all dangerous buildings as defined in § 95B.104 which are now in existence or which may hereafter become dangerous.

[Ord. 1226, 8-5-1998]

All buildings or structures which are required to be repaired under the provisions of this chapter shall be subject to the provisions of the administrative part of the current referenced codes of Chapter 151 of the Municipal Code which are applicable to existing buildings and structures.

[Ord. 1226, 8-5-1998; Ord. 1611, 4-18-2012]

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABATE

To remove the source of the public nuisance either by correcting specific problems or by removal from public view.

ABATEMENT COSTS

Also referred to as "costs of abatement" and "administrative costs." They include all costs and expenses incurred by the city in abating a public nuisance. Such costs include, but are not limited to, the following: the actual expenses and costs to the city in the preparation of notices, specification and contracts; inspection of the work; any attorneys’ fees expended in the abatement of the nuisance, through civil action or otherwise; all costs and expenses for which the city may be liable under state law arising from or related to the nuisance abatement action; and all costs or expenses to which the city may be entitled pursuant to Cal. Health and Safety Code § 520 and other statutory entitlements. "Abatement costs" shall begin to accrue at the time the city first receives a complaint regarding a problem on the property.

ABATEMENT HEARING

The administrative appeal before the Board of Appeals after issuance of a Notice to Abate by an Enforcement Official.

APPLICABLE STATE CODE

Any state law which protects the health, safety or welfare of the citizens of the city.

BOARD OF APPEALS

The three member board appointed by the City Manager, designated to hear administrative appeals under this chapter.

BUILDING CODE

The Uniform Building Code promulgated by the International Conference of Building Officials and currently adopted by ordinance.

BUILDING OFFICIAL

The Building Official of the city or that individual qualified to determine if a violation of this code exists, designated by the city or the City Manager to abate specific instances of dangerous buildings or conduct special assignments as directed by the City Council or the City Manager.

CITY MANAGER

The City Manager of the city of Indio.

ENFORCEMENT OFFICIAL

The City Manager, the Building Official, the Chief of Police and any employee or agent of the city so designated by them and charged with enforcing the Municipal Code of the city or applicable state codes.

INTERESTED PARTY

The owner, legal occupant, or holder of a recorded interest of a property subject to a Notice or Order to Abate.

NOTICE TO ABATE

That notice of a nuisance on the property and instructions to abate as ordered by an Enforcement Official upon the finding of a nuisance.

ORDER TO ABATE

That order of the city to abate a nuisance after an Enforcement Official’s Notice to Abate is upheld by the City Manager or Hearing Officer at the abatement hearing.

POLICE CHIEF

The Chief of the Indio Police Department.

PUBLIC WORKS SUPERINTENDENT

The Public Works Superintendent of the city.

[Ord. 1226, 8-5-1998]

For the purpose of this chapter, any building, structure or portion thereof which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or the occupants are endangered:

(A) Whenever any door, aisle, passageway, stairway, stair rails, guardrails, or other required means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit, as provided by the Building Code or any applicable state code or ordinance of the city;

(B) Whenever the walking surface of any aisle, passageway, stairway, floor or floor covering is so warped, worn, loose, torn or otherwise unsafe as not to provide a safe and adequate means of passage;

(C) Whenever the stress in any structural materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location;

(D) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location;

(E) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

(F) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings;

(G) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquake than is required in the case of similar new construction;

(H) Whenever the building or structure or any portion thereof is likely to partially or completely collapse because of:

(1) Dilapidation, deterioration or decay;

(2) Faulty construction;

(3) The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;

(4) The deterioration, decay or inadequacy of its foundation; or

(5) Any other cause.

(I) Whenever for any reason the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;

(J) Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-half of the base;

(K) Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its nonsupporting members, enclosing walls or coverings;

(L) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become either:

(1) An attractive nuisance to children;

(2) A harbor for vagrants or criminals; or

(3) As to enable persons to resort thereto for the purpose of committing unlawful acts;

(M) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50%, or in any supporting part, member or portion less than 66% of either the strength, fire-resisting qualities, or weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location;

(N) Whenever a building or structure, used or intended to be used for dwelling purposes because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities is determined by the Enforcement Official to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease;

(O) Wherever any building or structure because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus, or other cause, is determined by the Enforcement Official to be a fire hazard;

(P) Whenever any building or structure is in such a condition as to constitute a public nuisance, under any applicable city ordinance pertaining to public nuisances or under any applicable state code, including but not limited to Cal. Gov't Code § 38771 and Cal. Civ. Code § 3480;

(Q) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure or portion thereof has been abandoned or deserted so as to constitute an attractive nuisance or hazard to the public.

Subchapter 2. Enforcement

[Ord. 1226, 8-5-1998]

(A) Authorization and inspection. Enforcement Officials are authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter. Enforcement Officials are given summary power to secure entry to any structure or to abate any hazardous condition upon private property which, after inspection, is determined to be immediately dangerous to the public health or safety. Enforcement Officials may use any method, including but not limited to boarding-up, sealing off, and/or posting of warning, which in their judgment and discretion will be sufficient to safeguard the life, health and safety of the public or protect the structure from vandalism, burglary or other unlawful acts. Enforcement Officials shall also post notice to vacate the building as set forth in § 95B.111 and shall notify the record owner as set forth in § 95B.108.

(B) Right of entry. Subject to all applicable legal and constitutional limitations, whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an Enforcement Official has reasonable cause to believe that there exists in any public or private building or upon any public or private premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, Enforcement Official may enter the building or premises at all reasonable times to inspect it or to perform any duty imposed upon the Enforcement Officials by this chapter. Provided, however, that if such building or premises are occupied, the Enforcement Official shall first present proper credentials and request entry. If such building or premises are unoccupied, the Enforcement Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Enforcement Official shall have recourse to every remedy provided by law to gain entry, to include a court-ordered inspection warrant.

[Ord. 1226, 8-5-1998]

All buildings or portions of buildings which, after inspection by the Enforcement Official, are determined to be dangerous as defined in this chapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in this chapter.

[Ord. 1226, 8-5-1998]

It shall be unlawful and a misdemeanor for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this chapter.

[Ord. 1226, 8-5-1998]

(A) Commencement of proceedings. Whenever an Enforcement Official has inspected any building and has found and determined that such building is a dangerous building, the Enforcement Official shall commence proceedings to cause the repair, vacation or demolition of the building.

(B) Whenever an Enforcement Official has inspected a building and has probable cause to believe that such building is a dangerous building under § 95B.104, but cannot make such determination based on his/her knowledge or judgment, then the Enforcement Official shall make a report of the suspect building to the Building Official stating the date of the inspection; the address of the building; what sections of the municipal code are believed to be violated; and any other information deemed important. Within five days of receipt of the Enforcement Official's suspect building report, the Building Official shall conduct an inspection of such building. If the Building Official determines that violations of § 95B.104 are present, the Building Official shall commence proceedings under his/her own authority as an Enforcement Official to cause the repair, vacation or demolition of the building or shall submit a written order enumerating the finding of violations of § 95B.104, and directing the commencement of proceedings to cause the repair, vacation or demolition of the building.

(C) Notice and order. The Enforcement Official shall issue and serve by certified mail or personal service a notice and order directed to the record owner and all interested parties, as set forth in division (C) of this section, of the building. The notice and order shall contain:

(1) Street address and a legal description sufficient for identification of the premises upon which the building is located;

(2) A statement that the Enforcement Official has found the building to be dangerous with a brief and concise description of the specific conditions found to render the building dangerous under the provisions of § 95B.104;

(3)

(a) If the Enforcement Official has determined that the building or structure must be repaired, the order shall require that all necessary permits be secured therefor and the work physically commenced within such time (not to exceed 30 days from the date of the order) and completed within such time as the Enforcement Official shall determine is reasonable under all of the circumstances;

(b) If the Enforcement Official has determined that the building or portion thereof must be vacated, the order shall require those portions to be vacated within a time certain from the date of the order as determined by the Enforcement Official to be reasonable;

(c) If the Enforcement Official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Enforcement Official shall determine is reasonable (not to exceed 60 days from the date of the order), that all required permits be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the Enforcement Official shall determine is reasonable;

(4) Statements advising that if any required repair or demolition work without vacation also being required is not commenced within the time specified, the Enforcement Official (1) will order the building vacated and posted to prevent further occupancy until the work is completed and (2) may proceed to cause the work to be done and charge the costs thereof against the property or its owner;

(5) Statements advising (1) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the Enforcement Official to the Board of Appeals, provided the appeal is made in writing as provided in this chapter and filed with the City Clerk within 30 days from the date of service of such notice and order: and (2) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

(D) Service of Notice and Order. The notice and order, and any amended or supplemental notice and order shall be served upon the record owner and posted on the property. One copy shall also be served on each of the following if known to the Enforcement Official or disclosed from official public records in the possession of the city:

(1) The holder of any mortgage or deed of trust or other lien or encumbrance of record;

(2) The owner or holder of any lease of record; and

(3) The holder of any other estate or legal interest of record in or to the building or the land on which it is located.

The failure of the Enforcement Official to serve any person listed herein shall not invalidate any proceedings as to any other person duly served or relieve such person from any duty or obligation imposed on him by the provisions of this section.

(E) Method of service. Service of the notice and order shall be made upon all persons so entitled either personally or by mailing a copy of such notice and order by certified mail, return receipt requested, postage prepaid, to each such person at his address as it appears on the last equalized assessment roll of the county, or as known to the Enforcement Official. If no address of any such person so appears or is known, then a copy of the notice and order shall be so mailed to the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective five days after the date of mailing.

[Ord. 1226, 8-5-1998]

If compliance with the order has not been accomplished within the time specified and no appeal has been properly and timely filed, the Enforcement Official shall file in the office of the County Recorder a certificate describing the property and certifying that the building is a dangerous building and that the owner has been so notified. Whenever the corrections ordered by the Enforcement Official shall have been completed or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the Enforcement Official shall file a new certificate with the County Recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer dangerous, whichever is appropriate.

[Ord. 1226, 8-5-1998]

The following standards shall be followed by the Enforcement Official in ordering the repair, vacation or demolition of any dangerous building or structure:

(A) Any building declared a dangerous building under this chapter shall either be repaired in accordance with the current building code or shall be demolished at the option of the building owner;

(B) If the owner or any other Interested Party fails to take any action, the Enforcement Official, in deciding whether to require vacation and demolition of the building or to repair as necessary, shall give preference to the repair of the building, whenever it is economically feasible to do so without having to repair more than 75% of the structure or if the expense of repair exceeds 75% of the value of the structure, as determined by the Enforcement Official, and shall give full consideration, where applicable, to the need for housing, as expressed in the Housing Element.

(C) If the building or structure is in such condition as to make it immediately dangerous to life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.

[Ord. 1226, 8-5-1998]

(A) Posting. Every notice to vacate shall, in addition to being served as provided in§ 95B.108 be posted at or upon each exit of the building and shall be in substantially the following form:

(B) Compliance. Whenever such notice is posted, the Enforcement Official shall include a notification thereof in the notice and order issued under § 95B.108, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to inspect, repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the building code. Any person violating this division shall be guilty of a misdemeanor.

[Ord. 1226, 8-5-1998]

All buildings or structures within the scope of this chapter and all construction or work for which a permit is required shall be subject to inspection by an Enforcement Official in accordance with and in the manner provided by this chapter and the Indio Municipal Building Code.

Subchapter 3. Appeals

[Ord. 1226, 8-5-1998; Ord. 1589, 3-16-2011]

The Indio Consolidated Appeals Board shall hear and decide appeals of orders, decisions and determinations made by the Enforcement Official.

[Ord. 1226, 8-5-1998; Ord. 1589, 3-16-2011]

(A) Form of appeal. Any person entitled to service under § 95B.108 may appeal from any notice and order or any action of the Enforcement Official under this chapter by filing at the office of the City Clerk a written appeal containing:

(1) The names of all appellants participating in the appeal;

(2) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order;

(3) A brief statement describing the specific order or action protested, together with any material facts claimed to support the contentions of the appellants;

(4) A brief statement of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;

(5) The signatures of all parties named as appellants or their representatives, their mailing addresses and telephone numbers.

The appeal shall be filed within 30 days from the date of service of such order or action of the Enforcement Official; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and posted in accordance with this chapter, such appeal shall be filed within ten days from the date of the service of the notice and order of the Enforcement Official.

(B) Processing of appeal. Upon receipt of any appeal filed pursuant to this section, the City Clerk shall tender it to the City Manager who shall notify the Enforcement Official issuing the Notice and Order, and the Indio Consolidated Appeals Board.

(C) Scheduling and noticing appeal for hearing. As soon as practicable after receiving the written appeal, the Indio Consolidated Appeals Board shall fix the date, time and place for hearing of the appeal. Such date shall be not less than ten days nor more than 60 days from the date the appeal was filed with the City Clerk. Written notice of the time and place of the hearing shall be given to each appellant at least ten days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

[Ord. 1226, 8-5-1998]

Failure of any person to file an appeal in accordance with the provisions of § 95B.114 shall constitute a waiver of the right to an administrative hearing and adjudication of the Notice and Order, or any portion thereof.

[Ord. 1226, 8-5-1998]

Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

[Ord. 1226, 8-5-1998]

Except for orders to vacate the premises made pursuant to § 95B.114, enforcement of any notice and order of the Enforcement Official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

[Ord. 1226, 8-5-1998; Ord. 1589, 3-16-2011]

(A) Reasonable diligence. The Indio Consolidated Appeals Board shall proceed with reasonable diligence to conclude any matter before it. Although due regard shall be shown for the convenience and necessity of any parties or their representatives, the Indio Consolidated Appeals Board may grant continuances only for good cause shown.

(B) Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the Indio Consolidated Appeals Board.

(C) Reporting. The proceedings at the hearing shall also be reported by a stenographic reporter if requested by any party thereto at that party's expense. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee for the transcription.

(D) Oaths/certification. In any proceedings under this section, the Indio Consolidated Appeals Board has the power to administer oaths and affirmations and to certify to official acts.

[Ord. 1226, 8-5-1998; Ord. 1589, 3-16-2011]

The notice to appellant shall be substantially in the following form but may include other information:

"You are hereby notified that a hearing will be held before the Indio Consolidated Appeals Board at __________ (place), on __________, 20_____, at __________ A.M./P.M., upon the Notice and Order served upon you. You must be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to question all witnesses testifying against you."

[Ord. 1226, 8-5-1998; Ord. 1589, 3-16-2011]

(A) Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

(B) Oral evidence. Oral evidence shall be taken only on oath or affirmation.

(C) Hearsay evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in civil action in courts of competent jurisdiction in this state.

(D) Admissibility of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely upon in the conduct of serious affairs.

(E) Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded at the discretion of the Indio Consolidated Appeals Board.

(F) Rights of parties. Each party shall have these rights, among others:

(1) To call and examine witnesses on any matter relevant to the issues of the hearing;

(2) To introduce documentary, photographic, and physical evidence;

(3) To question opposing witnesses on any matter relevant to the issues of the hearing;

(4) To impeach any witness regardless of which party first called him to testify;

(5) To rebut the evidence against that party first called to testify;

(6) To represent him/herself or to be represented by an attorney.

(G) Official notice.

(1) What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state.

(2) Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed.

(3) Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority.

(4) Inspection of the premises. The Indio Consolidated Appeals Board may inspect any or all premises involved in the appeal during the course of the hearing; provided that (1) notice of such inspection shall be given to the parties before the inspection is made; (2) the parties are given an opportunity to be present during the inspection; and (3) the Indio Consolidated Appeals Board shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn. Each party then shall have a right to rebut or explain the matters so stated by the Board of Appeals.

[Ord. 1226, 8-5-1998; Ord. 1589, 3-16-2011; Ord. 1611, 4-18-2012]

The Indio Consolidated Appeals Board shall, within 15 days from the date that the hearing is closed, file a written decision in the office of the City Clerk, and a copy of said decision shall be served on each appellant by certified mail or personal service. If the Indio Consolidated Appeals Board determines that the building or portions thereof are dangerous and a nuisance, the Indio Consolidated Appeals Board shall issue an Order to Abate directing the appellant(s) to commence abatement of the nuisance within 15 days after the service of the decision and to complete the abatement within 60 days or within such time as the Indio Consolidated Appeals Board shall determine to be reasonable, by having the building or property reconstructed or repaired or by having the same razed or removed, and notifying the appellant that if the nuisance is not abated within the time provided, the building will be reconstructed or repaired, or razed, demolished and removed by the city, as determined by the Indio Consolidated Appeals Board, and the expenses made a lien on the lot or parcel of land upon which the building is located. Such decision shall contain a brief summary of the evidence considered and state the Indio Consolidated Appeals Board's findings, conclusions and recommendations. The decision of the Indio Consolidated Appeals Board shall be final.

[Ord. 1226, 8-5-1998; Ord. 1589, 3-16-2011]

(A) General. After any order of an Enforcement Official or the Indio Consolidated Appeals Board made pursuant to this chapter shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor.

(B) Failure to obey order. After any order of an Enforcement Official or the Indio Consolidated Appeals Board made pursuant to this chapter has become final, should the person to whom such order is directed fail, neglect or refuse to obey such order, the Enforcement Official may:

(1) Refer the matter to the City Attorney who may cause such person to be prosecuted under division (A) of this section; and/or

(2) Institute any appropriate action to abate such building as a public nuisance.

(C) Failure to commence work. Whenever the required repair or demolition is not commenced within ten days after any final notice and order issued under this chapter becomes effective:

(1) The Enforcement Official shall cause the building described in such notice and order it to be vacated by posting at each entrance thereto a notice reading:

(2) No person shall occupy any building which has been posted as specified in this division. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Enforcement Official have been completed and a certificate of occupancy issued pursuant to the provisions of the city Building Code. Any person violating this division shall be guilty of a misdemeanor.

(3) The Enforcement Official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order under § 95B.108; or, if the notice and order required demolition, to cause the building to be demolished and the materials, rubble and debris removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this chapter.

[Ord. 1226, 8-5-1998]

Upon receipt of an application from the person required to conform to the order and an agreement by such person that he or she will comply with the order if allowed additional time, the Enforcement Official may, at his or her discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete the agreed-upon repair, rehabilitation or demolition. Such extension shall be based on a determination by the Enforcement Official that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Enforcement Official’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the original notice and order.

Subchapter 4. Repair and Demolition

[Ord. 1226, 8-5-1998]

No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this chapter, or with any person to whom such building has been lawfully sold pursuant to the provisions of this chapter, whenever such person is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter. Any person violating this section shall be guilty of a misdemeanor.

[Ord. 1226, 8-5-1998]

When any work of repair or demolition is to be undertaken by the city pursuant to this chapter, the Enforcement Official shall issue an order for such repair or demolition to the Public Works Superintendent and the work shall be accomplished by personnel of the city or by private contractor under the direction of the Public Works Superintendent or designee. Plans and specifications may be prepared by the Public Works Superintendent or designee, or the Public Works Superintendent may employ such architectural and engineering assistance on a contract basis as deemed reasonably necessary. If any part of the work is to be accomplished by private contract, the Public Works Superintendent shall follow standard public works contractual procedures.

[Ord. 1226, 8-5-1998]

The Public Works Superintendent shall keep an itemized account of the expenses incurred, including administrative costs, for the repair or demolition work. The Public Works Superintendent shall mail a copy of the accounting to the persons who have interest in the property, together with a notice of the time and place that the statement will be submitted to the City Council for confirmation and approval, and at which time the City Council will consider any objection which may be raised by any party involved in the proceeding.

[Ord. 1226, 8-5-1998]

(A) At the time fixed for the hearing of the statement of expense, the City Council shall consider the statement together with any objections or protests which may be raised by any of the property owners or interested party liable to be assessed for the doing of the work, after which, by resolution, the report as submitted, or as ordered, revised, corrected or modified by the City Council, shall be confirmed and adopted. If the statement is not paid within five days after the passing of the resolution, it shall constitute a lien on the real property from which the structure was repaired or removed, and shall be collected as a special assessment against the real property. The resolution shall further direct that the City Clerk shall file with the County Auditor and the County Tax Assessor and Tax Collector certified copies of the resolution and the statement adopted in the resolution. The City Clerk shall direct the auditor to enter the amounts of the charges against the real property described in the statement and resolution as it appears on the current assessment roll. The amount of the charges shall constitute a lien against the real property against which the charges have been imposed. The tax collector shall include the amount of the charges on bills for taxes levied against the real property. Thereafter, the amount of the charges shall be collected at the same time and in the same manner and by the same person as, together with and not separately from, the general taxes for the city and shall be subject to the same penalties and interest upon delinquent payment.

(B) In the event that the Enforcement Official has caused summary abatement as set forth in §§ 95B.108 et seq., additional methods of insuring payment of costs incurred by the city are hereby set forth:

(1) If the building is vacant or unoccupied, the Enforcement Official is authorized to order all utility companies to discontinue utility service and not restore service until authorized by the Enforcement Official. Notice to the utility companies may be given verbally and the disconnect order shall be confirmed in written form;

(2) Administrative costs may be recovered as set forth in § 95B.127; or

(3) Administrative costs may be recovered by increasing the fee charged for the permit to repair or demolish the structure.

[Ord. 1226, 8-5-1998]

(A) Nothing in this chapter shall be deemed to prevent the city from commencing a civil action to abate a nuisance in addition to, alternatively to, or in conjunction with, the proceedings set forth in this chapter, nor shall anything in this chapter be deemed to prevent the city from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with, the proceedings set forth in this chapter.

(B) This chapter is not the exclusive regulation of property maintenance. It shall be supplemental and in addition to the other regulatory codes, statutes, and ordinances heretofore or hereinafter enacted by the city, state, or any other legal entity or agency having jurisdiction.

[Ord. 1226, 8-5-1998]

Any violation of this chapter constituting a misdemeanor may, in the discretion of the City Attorney, be charged and prosecuted as an infraction.