§ 7.8.9. Investigation; notice.

(A)

The Chief Building Official or his designee shall cause a title search to be made of the affected property to determine the names of all persons having an interest in the property. The Chief Building Official or his designee shall then prepare and issue a Notice of Unsafe Building/Structure directed to the owner of record and all persons having a legal interest in the property, including all known tenants. The notice shall contain, but not be limited to, the following information:

(1)

The street address and legal description of the building, structure, or premise, as disclosed by the title search and/or County or City records.

(2)

A statement indicating that the building or structure has been declared unsafe by the Chief Building Official or his designee and a detailed report documenting the conditions determined to have rendered the building or structure or portion thereof unsafe under the provisions of this chapter.

(3)

The action required to be taken as determined by the Chief Building Official or his designee.

(a)

The notice shall require that all necessary permits be secured and the repair work be commenced within 60 days from the date of service of the Notice of Unsafe Building/ Structure, and continued to completion within 6 months from the date the permits are available for issuance. The notice shall also set forth the provisions of Section 7.8.4 of this chapter.

(b)

If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed.

(c)

If emergency action was taken by the Chief Building Official or his designee pursuant to 7.8.12(C), the notice shall state the emergency action taken and any costs incurred.

(4)

The notice shall state what action shall be taken by the City in the event that repairs are not made in accordance with the directions in the Notice of Unsafe Building/Structure. The Chief Building Official or his designee may in that case bring the matter before the Code Enforcement Board or order the building to be vacated and demolished or boarded up in accordance with the standards set forth in Section 7.8.12 of this chapter.

(5)

A statement advising that any person having a legal interest in the property may appeal the finding of the Chief Building Official or his designee to the Board of Adjustment and that the appeal shall be in writing in the form specified in Section 7.8.14 and 7.8.16 of this Chapter, and must be received by the Chief Building Official or his designee no later than 30 days from the date of service of the Notice of Unsafe Building/Structure and that failure to deliver an appeal in the correct form in the time specified will constitute a waiver of all rights to an administrative hearing. [Amd. Ord. 47-07 10/16/07]

(B)

The Notice of Unsafe Building/Structure and all attachments thereto shall be served upon the owners of record and posted on the property in conspicuous locations. A copy of the Notice and all attachments thereto shall also be served on any person determined from a title search to have a legal interest in the property.

(C)

The Notice of Unsafe Building/Structure shall be served either personally or by dual service of certified or registered mail, return receipt requested, and postage paid first class mail to each person required to receive notice at the address as it appears in official public records as disclosed by a title search and a review of County tax roll records or any other address as is known by the Chief Building Official or his designee to be the address of those required to receive service or address of those authorized to receive service. If addresses are not available for any persons, firms, companies, corporations, etc. required to be served, except owners of record, after reasonable efforts are made to determine such address(es), the notice to those persons, firms, companies, corporations, etc. shall be mailed by first class mail to the address of the building or structure involved in the proceedings. Notice to tenants shall be by posting the premises and shall be effective on the date of such posting. The failure of any person to receive notice, other than the owner(s) of record, shall not invalidate any proceedings under this chapter. Service by certified or registered mail, return receipt, as herein described shall be effective on the date the notice was received as indicated on the return receipt. Where notice is not received by certified or registered mail or personally, the notice shall be effective the date of first class mailing as above. In those cases where the address of the actual owner(s) of record cannot be determined after reasonable efforts are made to locate such address(es), notice to such owner(s) of record may be given by one advertisement of a "Notice of Unsafe Building/Structure" in a newspaper of general circulation in the county where the affected building or structure is located. In the case of advertisement of a Notice of Unsafe Building/Structure, the service date shall be the publication date.