40-09 1306.521 & 1306.522 Unsafe structures - public nuisance

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action in court to cause correction of the violations and defects, or demolition and removal, or effective boarding of the building or structure pending rehabili- tation. (3) Rehabilitation permits not a bar to Commissioner's ac- tion to abate. The securing of rehabilitation permits for the building or structure shall not in and of itself bar the Commis- sioner from taking action to abate the nuisance. (4) Failure to comply with notice. In case the owner, agent or person in control fails, neglects or refuses to comply with the notice to repair or rehabilitate, or to demolish and remove a public nuisance structure or a portion thereof, or to remove or abate any other condition that is defined as a nui- sance under this section, the Commissioner may take appropriate action to take repair or maintenance measures or cause utility services to be shut off or to otherwise abate the public nuisance. The Commis- sioner shall specifically state in writing the findings with respect to the public nuisance structure, and shall determine whether to perform repair or mainte- nance based on factors which may include the follow- ing: the distance of the structure from neighboring structures, the type of structure, the extent of dete- rioration, the likelihood of vandalism or arson, the economic likelihood of eventual complete rehabilita- tion of the structure, and the cost of repair or main- tenance. (5) Notice of intent to demolish. The Commissioner shall give written notice informing the owner, agent or person in control of the public nuisance structure or a portion thereof, as well as any mortgagee and lienholder of record, of the City's in- tention to demolish and remove the unsafe building or structure at least thirty (30) days before the in- tended action by the City. The notice may be effective concurrently with the violation notice.