§ 7.8.12. Standards for determining action to be taken by Building Official.

The following actions shall be taken by the Chief Building Official or his designee when ordering the repair, vacation, demolition or boarding up of an unsafe building or structure or portion thereof:

(A)

If the building or structure poses an immediate hazard to the life or to the safety of the occupant or user thereof, or to the neighborhood, or to the public, or to the property of others, it shall be ordered immediately vacated. Additionally, where the building is not repaired in the time permitted, it will be ordered vacated and demolished, in accordance with the general guidelines in this section.

(B)

The building or structure will be ordered demolished when the condition of the building structure or portion thereof is sufficiently unsanitary, unsafe, unsecured, unguarded or detrimental to neighboring properties due to lack of completion, upkeep or exterior maintenance and where the required repairs are not performed within the time prescribed in the Notice of Unsafe Building/Structure or by order of the Board of Adjustment, and where the continued existence of the structure poses a hazard to the health or safety of the public or the occupants or users of the effected building or to the property of others. This applies even if the building is secured against entry and where the building is sufficiently damaged, unsound, unsafe, unsanitary or detrimental to property values in the vicinity due to incomplete condition or lack of maintenance and upkeep. [Amd. Ord. 47-07 10/16/07]

(C)

In certain cases where the Chief Building Official or his designee, based upon his own experience and knowledge, or upon the advice of fire officials, determines that an immediate peril exists and that certain preventative action must be taken immediately without notice or title search to prevent injury to occupants, neighbors or the public or destruction of the property of neighbors or the public, the Chief Building Official or his designee may order immediate preventative actions which may include, but shall not be limited to, vacating the property, demolition, erecting fences or other barricades, boarding up, ordering the disconnection of power and water supplies and the City may assess the costs of such action as a lien upon the property in accordance with this chapter. In the aforementioned cases, a Notice of Unsafe Building/Structure shall be served after preventative action is taken in the same manner as when action is taken after service. An appeal to the Board of Adjustment based upon an emergency action is proper only as it relates to costs incurred by the City, providing such appeal is received in the form prescribed by Sections 7.8.9, 7.8.14, and 7.8.16, and is received by the Chief Building Official no later than 30 days after service of the Notice of Unsafe Building/Structure. [Amd. Ord. 47-07 10/16/07]

(D)

The Chief Building Official or his designee shall have the authority to approve one extension of time to complete repairs to make a building or structure safe or to complete demolition. Such extension shall not exceed 60 days from the original expiration date for repair or demolition. The extension shall only be granted where the Chief Building Official or his designee determines that a good faith effort is being made to correct the unsafe condition, and that the extension will not unreasonably endanger the public. The building official may require that premises be guarded by fencing, barricading or other means until all repairs are made or demolition is completed.