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34-79 New 1305.521 Housing - repair/demo unsafe structures
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34-79 New 1305.521 Housing - repair/demo unsafe structures
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Last modified
5/14/2013 3:05:11 PM
Creation date
8/21/2003 9:54:40 AM
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Office Of Council
Document Type
Ordinances
Date
8/21/2003
Date Adopted
4/2/1979
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-2- <br /> <br />(e) Duty to Inform Purchaser. <br /> <br /> It shall be the duty of any owner or person in control of such <br />structure who has received a notice of the order to repair or demolish <br />to inform any purchaser thereof of such notice and order. No owner <br />or person in control of such structure shall transfer to any vendee <br />any interest in such structure after receiving such notice and order <br />without first providing the vendee with a copy of such notice and <br />order. : <br /> <br />(f) Disregard of Notice and Order. <br /> <br /> If proper service.of notice of nuisance and order to repair or <br />demolish is made in accordance with Section 1305.521(d), and the' <br />owner or person in control of said structure fails, neglects or <br />refuses to comply with said notice and order by the date specified <br />therein, the Building Commissione~ shall notify the Board of Building <br />Standards and Building Appeals and the Director of Law of such fact. <br /> <br />(g) Notice by Board of Building Standards and Building Appeals. <br /> <br /> Upon receipt of such notice by the Board of Building Standards <br />and Building Appeals from the Building Commissioner, said Board shall <br />hold and conduct a public hearing' on'the question of the existence of <br />such unsafe structure or public nuisance and on the question of any <br />such failure to comply with such notice and order. Service of notice <br />of the time and place of such public hearing, the questions to be de-' <br />termined therein, and the possible orders resulting therefrom shall <br />be given in accordance with Section 1305.521(d). .. <br /> <br />(h) Public Hearing. <br /> <br /> The Board of Building Standards and Building Appeals shall hold <br />and conduct the public hearing provided for herein at the designated <br />time and place and grant to the owner.or person in control of the <br />structure involved the opportunity to ~how cause why the structure <br />should not be repaired or demolished in accordance with the notice <br />and order of the Building Commissioner.' <br /> <br />(i) Standards. <br /> <br /> The Board of Building Standards and Building Appeal;s, upon hearing <br />all the facts and evidence, shall apply the following standards and <br />shall make a determination and issue finding of fact on the question <br />of the existence of such unsafe structure or public nuisance and on <br />the question of any such failure to gomply with such notice and order. <br />The Board shall issue its decision and shall order any proper action, <br />including demolition, it commands to be taken. <br /> <br />(1) All buildings or structures which have any or all of the <br />following defects shall be deemed and are hereby declared to be <br />public nuisances: <br /> <br />(a) Those whose interior walls or other vertical <br />structural members list, lean or buckle to such an' <br />extent that a plumb line passing through the center <br />of gravity falls outside of the middle third of its <br />base. <br /> <br />(b) Those which, exclusive of the foundation, show <br />thirty-three percent or more, of damage or deterioration <br />of the supporting member of members, or fifty percent <br />of damage or deterioration of the nonsupporting enclosi.ng <br />member of members of outside walls or coveFing... <br /> <br /> <br />
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