40-09 1306.521 & 1306.522 Unsafe structures - public nuisance

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The Commissioner may cause to be posted at each entrance to the public nuisance structure a notice as follows: °THIS STRUCTURE IS IN A DANGEROUS CONDITION AND HAS BEEN CONDEMNED AND ITS USE HAS BEEN PROHIB- ITED BY THE BUILDING COMMISSIONER." The notice shall remain posted until the required corrections are made, or until demolition is completed. No person shall remove the notice without written permission of the Com- missioner, nor shall any person use or enter the public nui- sance structure except for the purpose of making the re- quired corrections, or effectively boarding, or demolishing the public nuisance structure. (e) Right to appeal. (1) Board of Building Standards and Building Appeals. (A) The owner, agent or person in control of a public nuisance structure shall have a right to appeal to the Board of Building Standards and Building Appeals from the notice and decision of the Commissioner as provided in this section within ten (10) days of the service of the Commissioner's notice. (B) The Board of Building Standards and Building Appeals shall hold and conduct a public hear- ing within twenty (20) days of the receipt of the notice of appeal. (C) In any such appeal, the City must show by a preponderance of the evidence the existence of the condition or defects that are noted in the Commissioner's notice. (D) The Board of Building Standards and Building Appeals, upon hearing all the facts and evi- dence, shall make a determination as to whether the City has met its burden to show the existence of the condition or defects in the Commissioner's notice.