§ 23.70.708. Enforcement by code official.  


Latest version.
  • 23.70.708.1 General. After any notice and order, board of appeals decision, contract agreement, or extension has been finalized, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order.

    23.70.708.2 Failure to obey order. If, after any notice and order, board of appeals decision, contract agreement, or extension has been made final, the person to whom such order is directed shall fail, neglect or refuse to comply with such order, the code official may institute any appropriate action to abate such building or structure as a public nuisance.

    23.70.708.3 Failure to commence work.

    1.

    Whenever the required repair, demolition or removal of building or structure is not commenced within time specified under the notice and order, appeals board action, contract agreement or extension the following becomes effective:

    a.

    The code official shall cause the building or structure described in such notice and order to be vacated as per section 705.

    b.

    No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the code official are completed and a certificate of occupancy issued pursuant to the provisions of this code.

    c.

    The code official may, in addition to any other remedy provided herein, cause the building or structure to be repaired, demolished or removed according to this chapter. The cost of any such repairs, demolition, or removals shall be recovered in the manner provided in this chapter.

    23.70.708.4 Personal property. After reasonable notice and prior to the time of repair, demolition or removal, the code official has the authority to enter the dangerous building or structure to make an inspection for any personal property of value abandoned on the premises. If such property is discovered, an inventory shall be taken and made part of the case file. If the owner fails to remove the discovered property prior to the demolition, the owner may redeem said property only under the conditions set forth below. At the time of demolition, the demolition contractor has the authority to remove the inventoried abandoned property from the premises and store the same safely. The record owner of the demolished property may, within thirty (30) days after the date of demolition, redeem the stored property upon the payment of a reasonable storage fee to the demolition contractor. If the record owner of the demolished building or structure fails to redeem the stored property, it shall become the property of the demolition contractor who shall have no recourse against the record owner of the demolished building or structure or the Municipality for any storage charges.

    23.70.708.5 Repair, demolition or removal by code official. When any work, repair or demolition is to be done pursuant to section 708.3, the code official shall cause the required work to be accomplished by personnel of this Municipality or by private contract. All necessary permits shall be obtained prior to any work. If any part of the work is to be accomplished by private contract, standard Municipality contractual procedures shall be followed.

    23.70.708.6 Interference with repair, demolition or removal work prohibited. No person shall obstruct, impede or interfere with the code official engaged in the work of repairing, demolishing or removing any such building or structure, 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.

( AO No. 2015-127, § 1, 4-1-16 )