§ 16-96. Procedures following service of notice of unsafe building—Action of building official.

In the event that no appeal is filed within the time limits established herein and/or in the event that an appeal is filed but results in any determination by the board of adjustments and appeals other than a complete dismissal of the city's action against the property and the cancellation of all notices and certificates of record, the following procedure shall be followed:

(1)

If within thirty (30) calendar days from the date of service of the original notice on the owner or, if by such date the service of notice by registered mail has not been successful, within thirty (30) calendar days from the date of posting of the notice on the subject property, no building permit or demolition permit has been obtained by the owner with reference to the subject property, the building official shall refer the subject of enforcement action against the subject property to the board of directors for a determination as to whether the building or structure located thereon should be ordered to be demolished and removed.

(2)

If within the thirty-calendar day period referred to in subsection (1) above, the owner has obtained a building permit for the purpose of making the necessary repairs to the structure or building but has failed to make substantial progress as determined by the building official with reference to the repair of the structure within such period of time, the building official shall refer the subject of enforcement action against the subject property to the board of directors for a determination as to whether the building or structure located thereon should be ordered to be demolished and removed.

(3)

If within the thirty-calendar day period referred to in subsection (1) above, the owner has obtained a building permit for the purpose of making the necessary repairs to the building or structure, has made substantial progress as determined by the building official, but has not actually completed such repair work, the building official may, upon written application of the owner, extend an additional forty-five (45) calendar days for the completion of the repair activities. Any decision by the building official to not grant such extension shall be subject to appeal, pursuant to the provisions of section 16-91. Upon final denial of a time extension, or upon failure to complete repairs within the time extension, the building official shall refer the subject of enforcement action against the subject property to the board of directors for a determination as to whether the building or structure located thereon should be ordered to be demolished and removed.

(4)

If within the thirty-calendar day period referred to in subsection (1) above, the owner has obtained from the city a demolition permit and has posted the appropriate bond as required by section 16-88(a)(3), but has not made substantial progress as determined by the building official, the building official shall refer the subject of enforcement action against the subject property to the board of directors for a determination as to whether the building or structure located thereon should be ordered to be demolished and removed.

(5)

If within the thirty-calendar day period referred to in subsection (1) above, the owner has obtained a demolition permit and has posted the appropriate bond as required by section 16-88(a)(3), has made substantial progress as determined by the building official, but has not actually completed such demolition work, the building official may, upon written application of the owner, extend an additional forty-five (45) calendar days from the completion of the demolition activities. Any decision by the building official to not grant such extension shall be subject to appeal as set forth in section 16-91. Upon final denial of a time extension, or upon failure to complete demolition within the time extension, the building official shall refer the subject of enforcement action against the subject property to the board of directors for a determination as to whether the building or structure located thereon should be ordered to be demolished and removed.

(6)

As indicated by section 16-94, time consumed in appeal procedures shall not be considered in computing the thirty (30) calendar days as referred to in this section.

(Code 1976, § 18-78; Ord. No. 79-04, § 2, 12-7-04)