(1)
| It is the purpose of this code to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by the Building Code, Housing Code or otherwise available by law, whereby buildings or structures which from any cause may endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants, may be required to be repaired, vacated or demolished. |
(2)
| The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code. |
| | (Ord. 97-03, passed 3-18-97)
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159.003 ALTERATIONS, ADDITIONS AND REPAIRS
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All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of the City of Auburn Building Code.
|
(Ord. 97-03, passed 3-18-97)
|
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159.004 DEFINITIONS
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For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code or the Housing Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and plural the singular. Words used in the masculine gender include the feminine and the feminine gender the masculine.
|
| | |
(1)
| Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. |
(2)
| Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. |
(3)
| Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. |
(4)
| Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. |
(5)
| Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. |
(6)
| Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. |
(7)
| Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. |
(8)
| Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation; or any other cause, is likely to partially or completely collapse. |
(9)
| Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. |
(10)
| Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. |
| | |
(11)
| Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its non-supporting members, enclosing or outside walls or coverings. |
(12)
| Whenever the building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to become an attractive nuisance to children; a harbor for criminals; or as to enable persons to resort thereto for the purpose of committing a felony or misdemeanor under the laws of the State of Indiana or the United States. |
(13)
| Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. |
(14)
| Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50%, or in any supporting part, member or portion less than 66% of the strength; fire-resisting qualities or characteristics; or weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. |
(15)
| Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. |
(16)
| Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the building official to be a fire hazard. |
(17)
| Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. |
(18)
| Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. |
| | |
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159.021 INSPECTIONS
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The City and/or State Fire Marshal, City Fire Chief, and the Building Official, and or their designees are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this code.
|
(Ord. 97-03, passed 3-18-97)
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159.022 RIGHT OF ENTRY
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When it is necessary to make an inspection to enforce the provisions of this code, or when the building official or the building official's authorized representative has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed buy this code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. "Authorized representative" shall include the officers named in
'
159.021 and their authorized inspection personnel.
|
(Ord. 97-03, passed 3-18-97)
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| | |
| | (Ord. 97-03, passed 3-18-97)
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159.037 SERVICE OF NOTICE AND ORDER
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The notice and order and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the building official or disclosed from official public records; the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section.
|
(Ord. 97-03, passed 3-18-97)
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159.038
| AUBURN - DANGEROUS BUILDINGS |
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159.038 METHOD OF SERVICE
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Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
|
(Ord. 97-03, passed 3-18-97)
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159.039 PROOF OF SERVICE
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Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the building official.
|
(Ord. 97-03, passed 3-18-97)
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159.040 RECORDATION OF NOTICE AND ORDER
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If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a certificate describing the property and certifying that the building is a dangerous building, and that the owner has been notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the building official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer dangerous, whichever is appropriate.
|
(Ord. 97-03, passed 3-18-97)
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159.041 REPAIR, VACATION AND DEMOLITION
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The following standards shall be followed by the building official (and by the Board of Appeals if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure.
|
(1)
| A heading in the words: "Before the Board of Appeals of the City of Auburn". |
(2)
| A caption reading: "Appeal of
," giving the names of all appellants participating in the appeal.
|
(3)
| A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. |
(4)
| A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant. |
(5)
| A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. |
(6)
| The signatures of all parties named as appellants and their official mailing addresses. |
(7)
| The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. |
159.051 PROCESSING OF APPEAL
|
Upon receipt of any appeal filed pursuant to this section, the building official shall present it at the next regular or special meeting of the Board of Appeals.
|
(Ord. 97-03, passed 3-18-97)
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159.052 SCHEDULING AND NOTICING APPEAL FOR HEARING
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As soon as practicable after receiving the written appeal, the Board of Appeals shall fix a date, time and place for the hearing of the appeal by the Board. Such date shall not be less than 10 days nor more than 60 days from the date the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the secretary of the Board, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
|
(Ord. 97-03, passed 3-18-97)
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159.053
| AUBURN - DANGEROUS BUILDINGS |
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159.053 EFFECT OF FAILURE TO APPEAL
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Failure of any person to file an appeal in accordance with the provisions of
'
159.050 through ‘ 159.052 shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof.
|
(Ord. 97-03, passed 3-18-97)
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159.054 SCOPE OF HEARING ON APPEAL
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Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
|
(Ord. 97-03, passed 3-18-97)
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159.055 STAYING OF ORDER UNDER APPEAL
|
Except for vacation orders made pursuant to
'
159.042, enforcement of any notice and order of the building official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
|
(Ord. 97-03, passed 3-18-97)
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159.068
| AUBURN - DANGEROUS BUILDINGS |
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159.068 CONTINUANCES
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The Board may grant continuances for good cause shown; however, when a hearing examiner has been assigned to such hearing, no continuances may be granted except by the examiner for good cause shown so long as the matter remains before the examiner.
|
(Ord. 97-03, passed 3-18-97)
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159.069 OATHS; CERTIFICATION
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In any proceedings under this chapter, the Board, any Board member, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts.
|
(Ord. 97-03, passed 3-18-97)
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159.070 REASONABLE DISPATCH
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The Board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives.
|
(Ord. 97-03, passed 3-18-97)
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159.071 FORM OF NOTICE OF HEARING
|
The notice to appellant shall be substantially in the following form, but may include other information:
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"You are hereby notified that a hearing will be held before (the Board of Appeals or name of hearing examiner) at
on the day of 19 , at the hour , upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and production of books, documents or other things by filing an affidavit therefore with (Board of Appeals or name of hearing examiner)."
|
(Ord. 97-03, passed 3-18-97)
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159.080 FILING OF AFFIDAVIT
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The Board or examiner may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of a member of the Board or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefore which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in possession or under control. A subpoena need not be issued when the affidavit is defective in any particular.
|
(Ord. 97-03, passed 3-18-97)
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159.081
| AUBURN - DANGEROUS BUILDINGS |
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159.092 HEARSAY EVIDENCE
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Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
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(Ord. 97-03, passed 3-18-97)
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159.093 ADMISSIBILITY OF EVIDENCE
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Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
|
(Ord. 97-03, passed 3-18-97)
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159.094 EXCLUSION OF EVIDENCE
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Irrelevant and unduly repetitious evidence shall be excluded.
|
(Ord. 97-03, passed 3-18-97)
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159.095
| AUBURN - DANGEROUS BUILDINGS |
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159.095 RIGHTS OF PARTIES
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Each party shall have these rights, among others:
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159.105 WHAT MAY BE NOTICED
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In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the Board of departments and ordinances of the city or rules and regulations of the Board.
|
(Ord. 97-03, passed 3-18-97)
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159.106 PARTIES TO BE NOTIFIED
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Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.
|
(Ord. 97-03, passed 3-18-97)
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159.120 HEARING BEFORE BOARD ITSELF
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When a contested case is heard before the Board itself, a member thereof who did not hear the evidence or has not read the entire record of the proceedings shall not vote on or take part in the decision.
|
(Ord. 97-03, passed 3-18-97)
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159.121 HEARING BEFORE THE EXAMINER
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If a contested case is heard by a hearing examiner alone, the examiner shall within a reasonable time (not to exceed 90 days from the date the hearing is closed) submit a written report to the Board. Such report shall contain a brief summary of the evidence considered and state the examiner's findings, conclusions and recommendations. The report also shall contain a proposed decision in such form that it may be adopted by the Board as its decision in the case. All examiner's reports filed with the Board shall be matters of public record. A copy of each such report and proposed decision shall be mailed to each party on the date they are filed with the Board.
|
(Ord. 97-03, passed 3-18-97)
|
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159.123 EXCEPTIONS TO REPORT
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Not later than two days before the date set to consider the report, any party may file written exceptions to any part or all of the examiner's report and may attach thereto a proposed decision together with written argument in support of such decision. By leave of the Board, any party may present oral argument to the Board.
|
(Ord. 97-03, passed 3-18-97)
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159.124
| AUBURN - DANGEROUS BUILDINGS |
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159.124 DISPOSITION BY THE BOARD
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The Board may adopt or reject the proposed decision in its entirety, or may modify the proposed decision.
|
(Ord. 97-03, passed 3-18-97)
|
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159.125 PROPOSED DECISION NOT ADOPTED.
|
If the proposed decision is not adopted as provided in
'
159.124, the Board may decide the case upon the entire record before it, with or without taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence. If the case is reassigned to a hearing examiner, the examiner shall prepare a report and proposed decision as provided in
'
159.121 after any additional evidence is submitted. Consideration of such proposed decision by the Board shall comply with the provisions of this section.
|
(Ord. 97-03, passed 3-18-97)
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159.126 FORM OF DECISION
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The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested.
|
(Ord. 97-03, passed 3-18-97)
|
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159.127 EFFECTIVE DATE OF DECISION
|
The effective date of the decision shall be as stated therein.
|
(Ord. 97-03, passed 3-18-97)
|
| | |
| | (Ord. 97-03, passed 3-18-97)
|
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159.141
| AUBURN - DANGEROUS BUILDINGS |
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159.141 EXTENSION OF TIME TO PERFORM WORK
|
Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, the building official may grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the building official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the notice and order.
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(Ord. 97-03, passed 3-18-97)
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159.142 INTERFERENCE WITH REPAIR OR DEMOLITION WORK PROHIBITED
|
No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of this jurisdiction or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code; or with any person to whom such building has been lawfully sold pursuant to the provisions of this code, whenever such officer, employee, contractor or authorized representative of this jurisdiction, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating, and repairing, or demolishing any such building, pursuant to the provisions of this code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code.
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(Ord. 97-03, passed 3-18-97)
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159.150 PROCEDURE
|
When any work of repair or demolition is to be done pursuant to
'
159.140(C)(3), the building official shall request approval therefore from the Board of Public Works and Safety and the work shall be accomplished by personnel of this jurisdiction or by private contract under the direction of said official. Plans and specifications therefore may be prepared by said official or the official may employ such architectural and engineering assistance on a contract basis as deemed reasonably necessary. If any part of the work is to be accomplished by private contract, standard public works contractual procedures shall be followed.
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(Ord. 97-03, passed 3-18-97)
|
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159.151 COSTS
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The cost of such work shall be paid from the repair and demolition fund, and may be made a special assessment against the property involved, or may be made a personal obligation of the property owner, whichever the Common Council shall determine is appropriate.
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(Ord. 97-03, passed 3-18-97)
|
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159.160
| AUBURN - DANGEROUS BUILDINGS |
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159.160 GENERAL
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The Common Council shall establish a special revolving fund to be designated as the Repair and Demolition Fund. Payments shall be made out of said fund upon proper claim procedure to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of dangerous buildings.
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(Ord. 97-03, passed 3-18-97)
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159.161 MAINTENANCE OF FUND
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The Common Council may at any time transfer to the Repair and Demolition Fund, out of any money in the general fund of this jurisdiction, such sums as it may deem necessary in order to expedite the performance of the work of repair or demolition, and any sum so transferred shall be deemed a loan to the Repair and Demolition Fund and shall be repaid out of the proceeds of the collections hereinafter provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the treasurer of this jurisdiction who shall credit the same to the Repair and Demolition Fund.
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(Ord. 97-03, passed 3-18-97)
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159.171
| AUBURN - DANGEROUS BUILDINGS |
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159.171 NOTICE OF HEARING
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Upon receipt of said report, the Clerk-Treasurer shall present it to the Common Council for consideration. The Common Council shall fix a time, date, and place for hearing said report and any protests or objections thereto. The Clerk-Treasurer shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in the city, and served by certified mail, postage prepaid, addressed to the owner of the property as the owner's name and address appears on the last equalized assessment roll of the county, if such so appears, or as known to the Clerk-Treasurer. Such notice shall be given at least ten days prior to the date set for the hearing and shall specify the day, hour and place when the Common Council will hear and pass upon the building official's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge.
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(Ord. 97-03, passed 3-18-97)
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159.172 PROTESTS AND OBJECTIONS
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Any person interested in or affected by the proposed charge may file written protests or objections with the Clerk-Treasurer of the city at any time prior to the time set for the hearing on the report of the building official. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The Clerk-Treasurer shall endorse on every such protest or objection the date of receipt. The Clerk-Treasurer shall present such protests or objections to the Common Council at the time set for the hearing, and no other protests or objections shall be considered.
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(Ord. 97-03, passed 3-18-97)
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| | |
| | (Ord. 97-03, passed 3-18-97)
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159.175 CONTEST
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The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action or proceeding must be perfected within 30 days after the entry of such judgement.
|
(Ord. 97-03, passed 3-18-97)
|
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159.176 AUTHORITY FOR INSTALLMENT PAYMENT OF ASSESSMENTS WITH INTEREST
|
The Common Council, in its discretion, may determine that assessments in amounts of $500 or more shall be payable in not to exceed five equal annual installments. The Common Council's determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by a resolution adopted prior to the confirmation of the assessment.
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(Ord. 97-03, passed 3-18-97)
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159.177 LIEN OF ASSESSMENT
|
| | (Ord. 97-03, passed 3-18-97)
|
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159.178 REPORT TO ASSESSOR AND TAX COLLECTOR: ADDITION OF ASSESSMENT TO TAX BILL
|
After confirmation of the report, certified copies of the assessment shall be given to the county auditor, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.
|
(Ord. 97-03, passed 3-18-97)
|
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159.179 FILING COPY REPORT WITH COUNTY AUDITOR
|
A certified copy of the assessment shall be filed with the county auditor on or before August 10. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year.
|
(Ord. 97-03, passed 3-18-97)
|
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159.180 COLLECTION OF ASSESSMENT: PENALTIES FOR FORECLOSURE
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159.181 REPAYMENT OF REPAIR AND DEMOLITION FUND
|
All money recovered by payment of the charge or assessment or from the sale of the property at any sale shall be paid to the Clerk-Treasurer, who shall credit the same to the Repair and Demolition Fund.
|
(Ord. 97-03, passed 3-18-97)
|
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159.999
| AUBURN - DANGEROUS BUILDINGS |
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159.999 PENALTY
|
Any person who refuses without lawful excuse to attend any hearing or to produce material evidence which the person possesses or controls as required by any subpoena served upon such person as provided for herein shall be in violation of this code and subject to a fine of $500.
|
(Ord. 97-03, passed 3-18-97)
|
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