§ 16.24.590. Order to repair, vacate or demolish required when.

If, after such notice and hearing, as provided in Section 16.24.580, the director or the director's authorized agent determines that the dwelling or structure under consideration is unfit for human habitation, occupation, or use, the individual making the determination shall state in writing the findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order:

1.

If the repair, alteration, or improvement of such dwelling, structure or accessory dwelling or structure can be made at a cost not to exceed fifty percent of the value of the dwelling or structure, requiring the owner, within the time specified in the order, to repair, alter or improve such building or structure to render it fit for human habitation, occupation or use, or to vacate and close the building or structure as a place of human habitation, occupation or use. The order shall allow a reasonable time for the performance of any act it requires. For the purposes of this article, the value of the dwelling or structure shall be assumed to be that established by the tax assessor's office.

a.

If the owner fails to comply with the order to repair, alter, improve, or vacate and close the dwelling or structure, the director may cause such dwelling or structure to be repaired, altered, improved, or vacated and closed, and may cause to be posted on the main entrance of any dwelling or structure so vacated and closed, a placard with the following words, "This Building Is Unfit for Human Habitation, Occupation or Use. The Use or Occupancy of This Building is Unlawful and Prohibited by Order of the Director of the Department of Codes Administration." Such placard shall remain posted until the required repairs, alterations, or improvements are made. It is unlawful for any person to remove such notice without written permission of the director or for any person to enter such dwelling or structure except for the purpose of making the required repairs, alterations, or improvements.

b.

A dwelling or structure closed pursuant to this section shall be securely closed by boarding-up all exterior openings such that a person could not gain entry without the use of a key, special tool, or significant physical effort. It shall be the duty of the owner to ensure that dwelling or structure remains closed.

c.

It shall be unlawful to occupy or use a dwelling or structure ordered vacated pursuant to this section until a valid certificate of occupancy has been issued.

2.

If the repair, alteration, or improvement of such dwelling, structure, or accessory dwelling or structure cannot be made at a cost not to exceed fifty percent of the value of the dwelling or structure, requiring the owner within the time specified in the order to remove or demolish such dwelling or structure. For the purposes of this article, the value of the dwelling or structure shall be assumed to be that established by the tax assessor's office.

a.

The director, upon issuing an order to the owner to remove or demolish, shall forward a copy of said order to the vacant property review commission ("the commission"), and, for the purposes of assisting the commission in its review, supply the commission with a copy of the related structural and dwelling unit inspection record, complaint, and title research report. The department of codes administration may supplement these documents with pertinent information acquired during its investigation and hearing.

b.

If the owner fails to comply with an order to remove or demolish the dwelling or structure, the director may cause such dwelling or structure to be removed or demolished, except that when the director has been notified by the commission of its intent to gain control of such dwelling or structure prior to the letting of bids for demolition, in which case the department shall suspend its effort to remove or demolish the dwelling or structure pending notice to proceed from the commission.

(Ord. BL2001-585 § 1 (part), 2001)