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39-09 Repeal 1306.521 Repair of Demo of Unsafe Structures
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39-09 Repeal 1306.521 Repair of Demo of Unsafe Structures
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5/14/2013 3:17:50 PM
Creation date
5/21/2009 4:53:55 AM
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Office Of Council
Document Type
Ordinances
Date Adopted
5/18/2009
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H. Those which have parts thereof are not attached that they may <br />fall and injure the occupants thereof or members of the public. <br />I. Those which because of their action are unsafe, unsanitary or <br />dangerous to the health, morals, safety or general welfare of the people. <br />J. Those buildings existing in violation of any provision of this Code <br />or other ordinances of the City. <br />(2) If the public nuisance can reasonably be repaired so that it will no <br />longer exist in violation of the terms of this Code it shall be ordered repaired. <br />(3) If the public nuisance is in such condition as to make it imminently <br />dangerous to the health, morals, safety or general welfare of its occupants, and <br />it is still occupied, it shall be ordered vacated. <br />(4) In any case where a public nuisance is fifty percent (50%) <br />damaged, decayed or deteriorated from its original value or structure, it shall be <br />demolished, and in all cases where a building cannot be repaired so that it will <br />no longer exist in violation of the terms of this Code it shall be demolished. In all <br />cases where a public nuisance is a fire hazard existing or erected in violation of <br />the terms of this Code or any ordinance of the City or laws of the State, it shall <br />be demolished. <br />(j) Resolution of Council. Service of the decision and order by the Board <br />shall be given in accordance with subsection (d) hereof, to the holders of legal or <br />equitable liens of record upon the real property on which the dwelling structure, <br />occupiable structure or appurtenant structure is located, and to the owners of <br />record of such property, and if the owner or person in control of the structure <br />fails, neglects or .refuses to comply with the decision and order of the Board, the <br />decision and order of the Board shall be placed before Council for confirmation or <br />denial by resolution. <br />(k) Repair or Demolition. Upon enactment of such resolution by Council, <br />service of such resolution shall be given in accordance with subsection (d) hereof <br />to the holders of legal and equitable liens of record upon the real property upon <br />which the dwelling structure, occupiable structure or appurtenant structure is <br />located and to the owners of record of such properly and if the owner or person <br />in control of the structure fails, neglects or refuses within forty-five days of such <br />service to comply with the decision and order of the Board, as confirmed by <br />Council, and the City acting through the Building Commissioner shall cause such <br />structure to be repaired or demolished in accordance with the decision and order <br />of the Board as confirmed by Council. <br />(I) Right of Appeal. Notwithstanding any provisions contained herein, the <br />owner or person in control of the structure shall have the right to appeal the <br />
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