§ 8-265. Hearing by council.

(a)

Notice required. Upon receiving an investigative report regarding the safety of a structure, the city council shall set a date for a hearing before it to determine whether such building or structure, or part thereof, is unsafe and dangerous or is a fire hazard and thereby constitutes a nuisance, and shall order the clerk to notify by personal service or by one publication in the official newspaper of the city, at least ten days prior to the date of such hearing, the record owners of such building or structure and the property on which it is located and all persons, if any, with recorded liens thereon to appear before the city council on the date of such hearing to show cause why such building or structure should not be declared a nuisance by reason of being unsafe and dangerous or a fire hazard, and the nuisance ordered abated by repair or removal. A notice of a hearing sent to an owner, lienholder, or mortgagee under this section must include a statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work. Personal service of such notice shall be had where practicable and any official or police officer of the city shall be qualified to serve such notice, setting out therein the time and place of such service. A member of the staff of the newspaper publishing such notice, if notice is published, shall certify when such publication was had and shall attach thereto a copy of the notice as published in such paper.

(b)

Presentation of evidence. At such hearing, the city official reporting that such building or structure is unsafe and dangerous or a fire hazard shall present to the council all information and evidence which he has gathered with regard thereto showing the condition of such building or structure alleged by him to be unsafe and dangerous or a fire hazard, and shall specify wherein such building or structure is unsafe and dangerous and shall state whether such building or structure can be repaired and the unsafe and dangerous condition thereby removed, and if so, what repairs are necessary to place it in a safe condition. Such owners and lienholders, if any, and any person who may show an interest in such building or structure shall have the right to present to the council any evidence tending to disprove the evidence offered by the city official or tending to show that such building or structure is safe.

(c)

Determination of condition of structure. After hearing the evidence introduced at the hearing, the council shall by resolution determine whether such building or structure is unsafe and dangerous so as to endanger persons or property or is a fire hazard. If the council determines that such building or structure is unsafe and dangerous so as to endanger persons or property or is a fire hazard, it shall in such resolution state whether such building or structure can be made safe by repairing it.

(d)

Order to repair, remove. If the condition can be corrected by repairs, the council shall order the owners to repair or remove the structure, or parts thereof, or if such condition cannot be corrected by repairs, to remove same or parts within 20 days after the owners or lienholders, if any, have received personal service of notice of such order of the council, or after notice of such order has been published once in the official newspaper of the city. Such personal service or publication shall be made in the same manner as in subsection (a) of this section.

(Code 1992, § 4-212; Ord. No. 450, 2-10-1986)