§ 5-107. Same—Order; when to be rendered.  


Latest version.
  • (a)

    Within thirty (30) days after the conclusion of the hearing, the board of appeals shall render its decision, either closing the proceedings or if it finds that the building or structure, or portion thereof, is unsafe, and a nuisance, ordering that it be repaired, vacated and repaired, or demolished.

    (b)

    If, from a full and fair consideration of the evidence and testimony received at the hearing, the board of appeals shall determine that the building or structure, or any portion thereof, is unsafe and a public nuisance, then it shall deny the appeal and issue an order certified by the secretary of such board ordering that:

    (1)

    The building or structure must be repaired, vacated and repaired or demolished;

    (2)

    The occupant, lessee, or other person in possession must vacate such building or structure, or that he may remain in possession while repairs are being made;

    (3)

    Any mortgagee, beneficiary under a deed of trust, or any other person having an interest or estate in said building or structure may, at his own risk, repair, vacate and repair, or demolish it.

    (c)

    The order shall:

    (1)

    Set forth the information required in section 5-100 of this article;

    (2)

    Contain a statement of the particulars which render the building or structure unsafe and a public nuisance; and

    (3)

    Contain a statement of the things required to be done.

    (d)

    The order shall further specify:

    (1)

    The time within which the work required must be commenced, which shall be not less than ten (10) days after the issuance of the order; and

    (2)

    A reasonable time within which the work shall be completed.

    (e)

    The code enforcement officer shall cause copies of the order to be posted on the building or structure involved and served in the manner and upon the persons specified in section 5-101.

(Ord. No. 8205, §§ 12—15, 6-7-82)