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108-10 New Sect. 1306.75 Emergency Authority for Order to Vacate
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108-10 New Sect. 1306.75 Emergency Authority for Order to Vacate
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5/14/2013 3:20:04 PM
Creation date
2/11/2011 4:51:23 AM
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Office Of Council
Document Type
Ordinances
Date Adopted
2/7/2011
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defective or dangerous equipment; or if the structure creates a substantial risk to <br />the life or safety of its occupants due to the lack of utilities, including, but not <br />limited to, water,'gas or electric, the. Building Commissioner is hereby authorized <br />to order the occupants to vacate the premises: The Building Commissioner shall <br />post prominently at or on ~` ~~~" ~~~-,~~~ ~° said structure a notice stating:. <br />°THE OCCUPANCY OF THIS STRUCTURE CREATES A RISK OF <br />IMMYNENT HARM AND HAS BEEN VACATED. IT'S OCCUPANCY <br />HAS BEEN PROHIBITED BY THE BUILDING COMMISSIONER." <br />(b) Temporary Safeguards. The Building Commissioner is authorized to order the <br />abatement of an unsafe condition of a building. or structure that poses an imminent <br />danger to occupants or others, including but not limited to the. boarding-up of openings <br />and cessation of utilities. <br />(c) Costs of Emergency Repairs. Any and all expenses or costs incurred under this <br />section for securing a structure shall be paid by the owner of such building or structure: <br />A statement of costs incurred shall be sent to the property owner demanding payment. <br />If payment of such costs is not made within thirty (30) days from the date of the <br />statement, the Commissioner may certify the amount. to the City including collection <br />agency fees. The City may make written return to the County Auditor of the. action <br />under this. section with a statement of the charges fior services, the amount paid. for the <br />performing of labor and a proper description of premises. Certification to the County <br />Auditor is for the purpose of making expenses and costs a lien upon the lands, to be <br />collected as other taxes and returned to the City of Lakewood. Notwithstanding the <br />method of collection. set forth. in this subsection, the Director of Law may take any <br />action .necessary to collect the costs of demolition, boarding or other nuisance <br />abatement from the owner or other responsible parry. <br />(d) <br />Anneal to the Director of Public Safetv or his/her desianee <br />1. The aggrieved party shall have a right to appeal to the <br />Director of Public Safety, or his/her designee, within one (1) <br />day of the issuance of the Commissioner's order. The filing <br />of an appeal shall-not stay or delay execution of <br />Commissioner's order. <br />2. The Director of Public Safety, or his/her designee, shall hold <br />and conduet.a public hearing within three (3) days of the <br />receipt of the notice of appeal. <br />3. In any such appeal, the City must-show by preponderance of <br />the evidence the existence of the condition or defects that <br />are noted in the Commissioner's order. <br />4. The Director of Public Safety, or his/her designee„ upon <br />hearing all the facts and evidence, shall make a <br />determination as to whether the City has met its burden to <br />
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