§ 7.8.20. Failure to comply with final order or decision.

(A)

Any person who, after the order or decision of the Chief Building Official or his designee or the decision of the Board of Adjustment becomes final, fails or refuses to act in accord with the direction of that order shall be in violation of this chapter and may be prosecuted in accordance with Chapter 37 of the Code of Ordinances of the City or the City may seek relief through a court of competent jurisdiction. [Amd. Ord. 47-07 10/16/07]

(B)

Alternatively, where persons fail to comply with the final order of the Chief Building Official or his designee or the Board of Adjustment, the Chief Building Official will require the building to be immediately vacated and demolished or boarded up as provided in Section 7.8.12. Except in emergency situations, the Chief Building Official or his designee shall mail a Final Notice by certified and first class mail 15 days prior to demolition or boarding up to all persons who were required to receive Notice of Unsafe Building/Structure and shall post the Final Notice on the effected building/structure. The Final Notice shall state:[Amd. Ord. 47-07 10/16/07]

(1)

That the building or structure has been determined to be unsafe by a final order of the Chief Building Official or Board of Adjustment. [Amd. Ord. 47-07 10/16/07]

(2)

That repairs were not effected as required.

(3)

That all persons having a legally cognizable interest were served with notice that the failure to make the required repairs would result in an order to vacate and/or to demolish or to board-up the building.

(4)

That the building must be vacated immediately, if it has not already been vacated.

(5)

Advising that the building shall be demolished or boarded up, and stating an approximate date of demolition or boarding up.

(6)

The approximate costs of boarding up or demolition and that such costs, if not paid, shall be charged as a lien against the property and that other costs incurred will be added to the total cost along with a ten-percent administrative fee.

(C)

The Chief Building Official shall also execute an Affidavit II to be included with the above Final Notice which shall state that the continued existence of the structure creates a danger to the health, safety, or welfare of the public, or is a danger or detriment to the property of the public, along with the reasons therefor, and the factual support for those reasons.

(D)

No person shall obstruct or interfere with the implementation of any action required by the Final Notice of the Chief Building Official, his designee or the Board of Adjustment. Any person found interfering with or obstructing such actions shall be in violation of this chapter and shall be prosecuted as provided in Section 7.8.22. [Amd. Ord. 47-07 10/16/07]

(E)

Performance of work. The demolition or board-up of an unsafe building as required in the Final Notice of the Chief Building Official or the final decision by the Board of Adjustment shall be performed in an expeditious and workmanlike manner. [Amd. Ord. 47-07 10/16/07]