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03-26-1996 � THE CITY OF ED CV WATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 o so c . T T CITY OF EDGEWATER CONSTRUCTION REGULATION BOARD CONFERENCE ROOM, COMMUNITY DEVELOPMENT TUESDAY, MARCH 26, 1996 7:00 P.M. COMMUNITY DEVELOPMENT AGENDA 139 EAST PARK AVENUE CALL TO ORDER ROLL CALL APPROVAL OF MINUTES September 26, 1995 UNFINISHED BUSINESS NEW BUSINESS 1) Review of Standard Unsafe Building Abatement Code 1985 Edition 2) Review of appeal process ADJOURN :tle h: \tonya \crb \agenda \march.96 COMMUNITY DEVELOPMENT -139 EAST PARK AVENUE (904)424 -2412 FAX- (904)424 -2423 SUNCOM -383 -2412 BUILDING DIVISION - (904)424 -2411 CODE ENFORCEMENT- (904)424 -2414 SAFETY DIVISION - (904)424 -2414 a v 1 . It shall be unlawful for any person who is not a certified and locally licensed electrician to install or repair electrical wiring, apparatus or equipment. It shall be unlawful for any person, who is not a certified master or journeyman electrician or for an owner/builder to do any electrical construction or make any system change of electrical wiring, apparatus, or equipment for light, heat, power or advertising within the limits of the City. 2 . A master electrician shall not employ a person on any job in the capacity of an electrician without such person holding a certificate of competency. A ' However, this shall not prohibit the utilization of helpers or apprentices working under the continuous supervision of an electrician holding ) helpers aor Ill of competency (not to exceed two apprentices to one journeyman) . 3 . Electrical alteration performed under an owner/builder permit excludes all service changes, swimming pools, hot tubs, spas and hydromassage tubs; sprinkler pumps, water pumps, and sump pumps. III 4 . All code violations found upon the electrical inspection of a commercial structure shall be corrected by an electrical contractor. A permit PI and a final inspection shall be required upon completion. PI 411100404 903. Interpretation and Enforcement 903 . 01 Generally. III A. All questions regarding interpretation and enforcement of the technical codes adopted pursuant to Section 901 shall first be presented to the Building Official or Fire Chief for a decision. Upon request, the Building Official or Fire Chief shall reduce the decision to writing and Pl! include the reasons for the decision. The Construction Regulation Board (hereafter CRB) shall 4 4 have the authority to hear and decide appeals of the decisions or actions of the Building Official or Fire Chief as set forth below with respect to the technical codes adopted pursuant to Section 901 . (code\chapter.9) 9-4 December 7, 1994 III III t , Nov verof ISubject t. '„ , 1 The CRB is authorized to hear appeals only from the II following decisions or actions of the Building Official or Fire Chief based upon noncompliance with a technical code: IIA. The refusal to issue a building permit. II B. The refusal to approve a project on interim or final inspection. C. The refusal to issue a certificate of occupancy or II use. D. The issuance of a stop work order. IIE. A decision that a proposed project is subject to and must conform to one or more technical codes, IIand must be authorized by a building permit. F. Revocation of a building permit or certificate of occupancy or use. II I 903 . 03 Procedure. Any person aggrieved by a decision of the Building Official or Fire Chief may appeal such decision to the CRB by filing a written request with the Secretary I of the CRB within thirty ( 30 ) days after the rendition of the decision by the Building Official or Fire Chief. Such request shall be accompanied by a nonrefundable fee as established by resolution of the City Council . I903 . 04 Effect of Filing on Action or Decision. The filing of an appeal under this section shall not affect the validity I of any decision or action of the Building Official or Fire Chief . The decision or action shall remain in full force and effect until modified or reversed by the CRB. I903. 05 Application for Permit Condition of Appeal . No person may appeal any decision of the Building Official or Fire Chief unless he has applied for and received, or been II denied, a building permit for the project and paid the applicable fee for such permit or application. This subsection shall not apply to any person who alleges as I the grounds for appeal that a project is not subject to the permitting requirements of any technical code. II 903 . 06 Grounds for Appeal . A person may appeal the decision or action of the Building Official or Fire Chief on the (code\chapter.9) IIDecember 7, 1994 9-5 I II14.1° Viiif following grounds: II A. The provisions of the technical code do not apply to the project. B. The mode or manner of construction or improvement being followed or to be followed conforms to the technical il code. C. The materials being used or to be used conform to the technical code. II D. An equally good or more desirable form of construction or improvement, not provided for or allowed by a technical la code, can be employed without threatening the public safety or welfare. E. The decision or action is otherwise unlawful. The failure to allege any grounds for reversal of the decision or action shall be a waiver of the grounds. 903. 07 Hearing A. The appeal shall be placed on the agenda of the next ill available regular meeting of the CRB for a hearing in accordance with Article 2 of Chapter 3 of this Code. III B. The Board shall not modify or reverse any decision or action of the Building Official or Fire Chief unless it affirmatively finds that: III 1. The provisions of the technical code do not apply to the project. III 2 . The mode or manner of construction or improvement being followed or to be followed conforms to the technical code. III 3 . The materials being used or to be used conform to the technical code. III 4 . An equally good or more desirable form of construction or improvement, not provided for or allowed by a technical code, can be employed III without threatening the public safety or welfare. However, such decision must be based upon the testimony of a licensed engineer or architect in support of such a finding. 5. The decision or action is otherwise unlawful. N (code\chapter.9) December 7, 1994 9-6 1 N r 'true Noe C. The Board shall discuss the evidence and applicable code requirements and vote to affirm, reverse or modify the decision of the Building Official or Fire Chief. Not I more than ten ( 10) days after the hearing, the decision of the CRB shall be reduced to writing and signed by the Chairman. The order shall recite findings of fact and applicable provisions of the code which are the basis for the order. If the decision modifies any action or decision of the Building Official or Fire Chief, it shall specify the manner in which such modification is to be made. The Secretary shall send a copy of the order to the appellant. ' 903. 08 Appeal from the Board. Any person aggrieved by a decision of the CRB may appeal such decision to the City Council by filing a written request to the City Manager within thirty (30) days after the rendition of the decision by ' the Board. Such request shall be accompanied by a nonrefundable fee as established by resolution of the City Council. The request shall be placed on the agenda of the next available regular meeting for a public hearing in accordance with Article 2 of Chapter 3 of this Code. Such appeal shall be a hearing de novo. The City I Council shall not modify or reverse any decision of the Building Official or Fire Chief unless it makes an affirmative finding as set forth in Section 903 .07 of ' this Code. I I I I I I I (code\chapter.9) 9-7 ' December 7, 1994 ?, y r NOIO STANDARD UNSAFE BUILDING ABATEMENT CODE 1985 EDITION SE3M,1 SEVENTH PRINTING COPYRIGHT() 1994 BY SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. 900 MONTCLAIR ROAD BIRMINGHAM, ALABAMA 35213-1206 205-591-1853 PRINTED IN U.S.A. • Ivor �•�' NOTE: The SBCCI Standard CodesTM are designed for adoption by state or local govern- ments by reference only. Jurisdictions adopting them may make necessary additions, dele- tions and amendments in their adopting document. Incorporation of any part of the SBCCI Standard Codes in codes published by states, local governments, regulatory agencies, indi- viduals or organizations is expressly prohibited. When your jurisdiction has adopted one or more of the SBCCI Standard Codes, please send a copy of the adopting document to the SBCCI headquarters office. SEVENTH PRINTING LIBRARY OF CONGRESS CARD NO. 84-52730 COPYRIGHT©1994 BY SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. 900 MONTCLAIR ROAD BIRMINGHAM, ALABAMA 35213-1206 PRINTED IN U.S.A. All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording or by an informa- tion storage and retrieval system, without advance permission in writing from the publisher. For information contact: Chief Executive Officer, Southern Building Code Congress International, Inc., 900 Montclair Road, Birmingham, Alabama 35213-1206. ii Rtanciarri I Incafe Ri,ilriinn Ahatement Cnde 1985 Nive PREFACE This code was developed to provide a jurisdiction with a concise set of procedures to effect the elimination of unsafe buildings in a legal and timely manner. The authority having jurisdiction should carefully examine this code to determine compliance with existing local or state laws; any conflicts must be eliminated prior to adoption. This code is applicable to all occupancies, but is not meant to be substituted for the Standard Housing Code. This code is designed to work hand in hand with the Standard Building, Plumbing, Mechanical, Gas, Housing and Fire Prevention Codes. ,. ■ err err" METRIC CONVERSIONS MULTIPLY BY TO GET Length inches 25.4 mm ft 0.3048 m Area sq in 645.16 mm2 sq ft 0.0929 m2 Volume cu in 0.01639 L cu ft 28.3169 L cu ft 0.02832 m3 gal 3.785 L gal 0.003785 m3 Mass lb 0.4536 kg Mass/unit plf (lb/ft) 1.4882 kg/m length Mass/unit area psf (Ib/sq ft) 4.882 kg/m2 Mass density pcf (lb/cu ft) 16.02 kg/m3 Force lb 4.4482 N Force/unit plf (lb/ft) 14.5939 N/m length Pressure, psi 6.895 kPa stress, modulus psf (lb/sq ft) 47.88 Pa of elasticity Second moment in4 416,231 mm4 of area Section modulus in3 16,387.064 mm3 Temperature °F-32 5/9 °C (°F-32) + 273.15 5/9 K Energy, work, kWh 3.6 MJ quantity of heat Btu 1055 J ft • lb (force) 1.3558 J Power ton (refrig) 3.517 kW Btu/s 1.0543 kW hp (electric) 745.7 W Btu/h 0.2931 W Thermal Btu/f2 • h • °F 5.6783 W/m2 •K conductance (U value) Thermal ft2 • h • °F/Btu 0.1761 m2• K/W resistance (R value) Flow gpm 0.0631 Us cfm 0.4719 Us Illuminance footcandle 10.76 lx (lux) (Im/sq ft) Velocity (speed) mph 0.447 m/s Plane angle °(angle) 0.01745 rad iv C+-,n.l_r.l Ilne...i,. 0..:1.1:...... w 1....•...........a n_..- •nnc TABLE OF CONTENTS CHAPTER 1 ADMINISTRATION 101 TITLE AND SCOPE 1 102 ORGANIZATION 2 103 POWERS & DUTIES OF THE BUILDING OFFICIAL 2 104 VIOLATIONS AND PENALTIES 3 105 BOARD OF ADJUSTMENTS AND APPEALS 4 106 VALIDITY 4 CHAPTER 2 DEFINITIONS 201 GENERAL 5 202 DEFINITIONS 5 CHAPTER 3 INSPECTION AND NOTICE OF NONCOMPLIANCE 301 ACTION REQUIRED 7 302 NOTICE 7 303 STANDARDS FOR COMPLIANCE 8 304 POSTING OF NOTICE TO VACATE 9 CHAPTER 4 APPEALS 401 RIGHT OF APPEAL 11 402 FAILURE TO APPEAR 11 403 SCOPE OF HEARING 11 404 STAYING OF NOTICE UNDER APPEAL 11 CHAPTER 5 RULES OF PROCEDURE FOR HEARING APPEALS 501 GENERAL 13 502 SUBPOENAS 14 503 PROCEDURES FOR HEARING 14 504 DECISION PROCEDURE 15 505 RECOURSE 15 CHAPTER 6 IMPLEMENTATION 601 COMPLIANCE 17 602 EXTENSION OF TIME 17 603 INTERFERENCE 18 604 PERFORMANCE OF WORK 18 Standard Unsafe Building Abatement Code 1985 v NOW *440 CHAPTER 7 RECOVERY OF COST OF REPAIR OR DEMOLITION 701 GENERAL 19 SUPPLEMENT Flow Chart for the Use with Standard Unsafe Building Abatement Code. vi Standard Unsafe Building Abatement Code 1985 , a CHAPTER 1 ADMINISTRATION 101 TITLE AND SCOPE 101.1 Title The provisions included within the following chapters and sections shall consti- tute and be known and may be cited as "The Standard Unsafe Building Abatement Code," hereinafter referred to as "this code." 101.2 Code Remedial This code is hereby declared to be remedial and shall be construed to secure the beneficial interests and purposes thereof—which are public safety, health and general welfare—through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, demolition, use and occupancy of buildings, structures or premises. 101.3 Scope The provisions of this code shall apply to all unsafe buildings or structures, as herein defined, and shall apply equally to new and existing conditions 101.4 Alterations, Repairs or Rehabilitation Work 101.41 Alterations, repairs or rehabilitation work may be made to any existing building without requiring the building to comply with all the requirements of the Standard Building Code provided that the alteration, repair or rehabilitation work conforms to the requirements of the Standard Building Code for new construction. The building official shall determine, subject to appeal to the Board of Adjustments and Appeals the extent, if any, to which the existing building shall be made to conform to the requirements of the Standard Building Code for new construction. 101.4.2 Alterations, repairs or rehabilitation work shall not cause an existing building to become unsafe as defined in Section 202. 101.4.3 If the occupancy classification of an existing building is changed, the building shall be made to conform to the intent of the Standard Building Code for the new occupancy classification as established by the building official 101.4.4 Repairs and alterations, not covered by the preceding paragraphs of this section, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of this code or in such manner as will not extend or increase an existing nonconformity or hazard, may be made with the same kind of materials as those of which the building is constructed; but not more than 25% of the roof covering of a building shall be replaced in any period of 12 months unless the entire roof covering is made to conform with the require- ments of the Standard Building Code for new buildings. Standard Unsafe Building Abatement Code 1985 1 • w 101.5 Special Historic Buildings and Districts The provisions of this code relating to the construction alteration, repair, enlarge- ment, restoration, relocation or moving buildings or structures shall not be manda- tory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings when such building or structures are judged by the building official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts. The applicant must submit complete architectural and engineering plans and specifications bearing the seal of a registered professional engineer or architect. 101.6 Maintenance All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the Standard Building Code in a building when erected, altered or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings and structures. 102 ORGANIZATION 102.1 Enforcement Officer The provisions of this code shall be enforced by the building official. 102.2 Restrictions on Employees An officer or employee connected with the department, except one whose only connection is as a member of a board established by this act, shall not have a finan- cial interest in the furnishing of labor, material or appliances for the construction, alteration, demolition, repair or maintenance of a building, or in the making of plans or of specifications therefor, unless he is the owner of such building. Such officer or employee shall not engage in any work which is inconsistent with his duties or with the interests of the department. 102.3 Records The building official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection. 103 POWERS AND DUTIES OF THE BUILDING OFFICIAL 103.1 Right of Entry 103.1.1 The building official or his authorized representative may enter any building, structure or premises at all reasonable times to make an inspection or enforce any of the provisions of this code. 103.1.2 When entering a building, structure or premise that is occupied, the building official shall first identify himself, present proper credentials and request entry. If the building, structure or premise is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge of the building 2 Standard Unsafe Building Abatement Code 1985 w and demand entry. If entry is refused, the building official or his authorized repre- sentative shall have recourse to every remedy provided by law to secure entry. 103.1.3 No person, owner or occupant of any building or premise shall fail, after proper credentials are displayed, to permit entry into any building or onto any property by the building official or his authorized agent for the purpose of inspec- tions pursuant to this code. Any person violating this section shall be prosecuted within the limits of the law as established by the proper governing authority. 103.2 Inspections The building official, the fire official and other authorized representatives are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this code. 103.3 Requirements Not Covered By Code Any requirement necessary for the strength or stability of an existing or proposed building or structure, or for the safety or health of the occupants thereof, not specifically covered by this code, shall be determined by the building official. 103.4 Liability Any officer or employee, or member of the Board of Adjustments and Appeals, charged with the enforcement of this code, acting for the applicable governing body in the discharge of his duties, shall not thereby render himself liable person- ally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of such act performed by him in the enforcement of any provision of this code shall be defended by the legal department of the applicable governing body until the final termination of the proceedings. 103.5 Reports The building official shall annually submit a report to the chief administrator of the decisions rendered by the Board of Adjustments and Appeals during the preceding year. The report shall include a summary of the decisions of the Board of Adjustments and Appeals during said year. 104 VIOLATIONS AND PENALTIES Any person, firm, corporation or agent who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, demolish or move any structure, or has erected, constructed, altered, repaired, moved or demolished a building or structure in violation of a detailed statement or drawing submitted and approved thereunder, shall be prose- cuted within the limits provided by state or local law. Each such person shall be deemed guilty of a separate offense for any violation of any of the provisions of Standard Unsafe Building Abatement Code 1985 3 this code, and upon conviction of any such violation such person shall be punished within the limits and as provided by state or local laws. 105 BOARD OF ADJUSTMENTS AND APPEALS 105.1 Appointment A Board of Adjustments and Appeals shall be established for the express purpose of providing for the final interpretation of provisions of this code. The board shall consist of five members who are not employees of the jurisdiction having authority and shall be appointed by the chief appointing authority. The composition of the board shall be one engineer, one architect, and three members at large from the construction industry. 105.2 Term of Office Of the members first appointed, two shall be appointed for a term of 1 year, two for a term of 2 years, one for a term of 3 years, and thereafter they shall be appointed for terms of 4 years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. 105.3 Quorum Three members of the board shall constitute a quorum. In varying the application of any provisions of this code or in modifying an order of the building official, affirmative votes of the majority present, but not less than three affirmative votes, shall be required. A board member shall not act in a case in which he has a personal interest. 105.4 Records The building official shall be an ex-officio member of the board, act as secretary and shall make a detailed record of all its proceedings. The record shall set forth the reasons for the board's decisions, the vote of each member participating therein, the absence of a member and any failure of a member to vote. 105.5 Procedures The board shall establish rules and regulations for its own procedure not inconsis- tent with the provisions of this code. The board shall meet at regular intervals, to be determined by the chairman, or in any event, the board shall meet within 10 days after notice of appeal has been received. 106 VALIDITY If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this code. 4 Standard Unsafe Building Abatement Code 1985 I yowl CHAPTER 2 DEFINITIONS 201 GENERAL 201.1 Tense, Gender and Number For the purpose of this code, certain abbreviations, terms, phrases, words and their derivatives shall be construed as set forth in this section. Words used in the present tense include the future. Words in the masculine gender include the feminine and neuter. Words in the feminine and neuter gender include the masculine. The singular number includes the plural and the plural number includes the singular. 201.2 Words Not Defined Words not defined herein shall have the meanings stated in the Standard Building Code, Standard Mechanical Code, Standard Plumbing Code, Standard Gas Code, Standard Housing Code or Standard Fire Prevention Code. Words not defined in the Standard Codes shall have the meanings stated in the Webster's Eighth New Collegiate Dictionary, as revised. 202 DEFINITIONS APPLICABLE GOVERNING BODY — a city, county, state, state agency or other political government subdivision or entity authorized to administer and enforce the provisions of this code, as adopted or amended. APPROVED — approved by the building official or other authority having juris- diction. BUILDING – any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for 50% of its perimeter. The term "building" shall be construed as if followed by the words "or part thereof." For the purpose of this code each portion of a building separated from other portions by a fire wall shall be considered as a separate building. BUILDING OFFICIAL the officer or other designated authority charged with the administration and enforcement of this code, or his duly authorized represen- tative. CHIEF APPOINTING AUTHORITY— the person or persons designated by the laws of the local governing body as having authority to appoint persons to various boards. DEPARTMENT — the building deparatment or other agency charged with the enforcement of this code. OFFICE OF THE RECORDER that office, in the local governing body, respon- sible for recording deeds and other legal documents or actions. Standard Unsafe Building Abatement Code 1985 5 %rr OWNER — any person, agent, firm or corporation having a legal or equitable interest in the property. STRUCTURE — that which is built or constructed. UNSAFE BUILDING — any building or structure that has any of the following conditions, such that the life, health, property or safety of its occupants of the general public are endangered: 1. Any means of egress or portion thereof is not of adequate size or is not arranged to provide a safe path of travel in case of fire or panic. 2. Any means of egress or portion thereof, such as but not limited to fire doors, closing devices and fire resistive ratings, is in disrepair or in a dilapidated or nonworking condition such that the means of egress could be rendered unsafe in case of fire or panic. 3. The stress in any material, member or portion thereof, due to all imposed loads including dead load exceeds the stresses allowed in the Standard Building Code for new buildings. 4. The building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the building or structure is less than it was prior to the damage and is less than the minimum requirement established by the Standard Building Code for new buildings. 5. Any exterior appendage or portion of the building or structure is not securely fastened, attached or anchored such that it is capable of resisting wind, seismic or similar loads as required by the Standard Building Code for new buildings. 6. If for any reason the building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is being used. 7. The building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse. 8. The building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of the Standard Codes or of a city, county or state law. 9. Any building, structure or portion thereof that is in such a condition as to constitute a public nuisance. 10. Any building, structure or portion thereof that is unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is other- wise dangerous to human life, or, which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. 6 Standard Unsafe Building Abatement Code 1985 CHAPTER 3 INSPECTION AND NOTICE OF NONCOMPLIANCE 301 ACTION REQUIRED 301.1 General The building official shall inspect or cause to be inspected any building, structure or portion thereof which is or may be unsafe. After the building official has inspected or caused to be inspected a building, structure or portion thereof and has determined that such building, structure or portion thereof is unsafe, he shall initiate proceedings to cause the abatement of the unsafe condition by repair, vaca- tion or demolition or combination thereof. 302 NOTICE 302.1 Content 301.1.1 The building official shall prepare and issue a notice of unsafe building directed to the owner of record of the building or structure. The notice shall contain, but not be limited to, the following information: 1. The street address and legal description of the building, structure or premise. 2. A statement indicating the building or structure has been declared unsafe by the building official, and a detailed report documenting the conditions deter- mined to have rendered the building or structure unsafe under the provisions of this code. 3. A statement advising that if the following required action as determined by the building official is not commenced within or completed by the time speci- fied, the building will be ordered vacated and posted to prevent further occu- pancy until the work is completed and the building official may cause the work to be done and all costs incurred charged against the property or the owner of record. 3.1. If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and the work commenced within 60 days and continued to completion within such time as the building official deter- mines. The notice shall also indicate the degree to which the repairs must comply with the provisions of the Standard Building Code, in accordance with 101.4. 3.2. If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed. 3.3. If the building or structure is to be demolished, the notice shall require that the premises be vacated within 60 days, that all required permits for demolition be secured and that the demolition be completed within such time as determined reasonable by the building official. Standard Unsafe Building Abatement Code 1985 7 4. A statement advising that any person having any legal interest in the prop- erty may appeal the notice by the building official to the Board of Adjustment and Appeals; and that such appeal shall be in writing in the form specified in 401 and shall be filed with the building official within 30 days from the date of the notice and that failure to appeal in the time specified will constitute a waiver of all rights to an administrative hearing. 302.1.2 The notice and all attachments thereto shall be served upon the owner of record and posted on the property in a conspicuous location. A copy of the notice and all attachments thereto shall also be served on any person determined from official public records to have a legal interest in the property. Failure of the building official to serve any person herein required to be served other than the owner of record shall not invalidate any proceedings hereunder nor shall it relieve any other person served from any obligation imposed on him. 302.1.3 The notice shall be served either personally or by certified mail, postage prepaid, return receipt requested, to each person at the address as it appears on the official public records. If addresses are not available on any person required to be served the notice, the notice addressed to such person shall be mailed to the address of the building or structure involved in the proceedings. The failure of any person to receive notice, other than the owner of record, shall not invalidate any proceedings under this section. Service by certified or registered mail as herein described shall be effective on the date the notice was received as indicated on the return receipt. 302.1.4 Proof of service of the notice shall be by written declaration indicating the date, time and manner in which service was made and signed by the person served on by the return receipt. 302.2 Recording of Notice If the notice is not complied with nor an appeal filed within the allotted time, the building official shall file in the office of the recorder a certificate describing the property and certifying that the building or structure is unsafe and that the owner of record has been served. This certificate shall remain on file until such time as the conditions rendering the building or structure unsafe have been abated. At such time, the building official shall file a new certificate indicating that corrective action has been taken and the building or structure is no longer unsafe from that condition. 303 STANDARDS FOR COMPLIANCE The following action shall be taken by the building official when ordering the repair, vacation or demolition of an unsafe building or structure. 1. The building shall be ordered repaired in accordance with the Standard Building Code or demolished at the option of the owner. 2. If the building or structure poses an immediate hazard to life or to the safety of the public it shall be ordered vacated immediately. 8 Standard Unsafe Building Abatement Code 1985 4 qI4/ 304 POSTING OF NOTICE TO VACATE Every notice to vacate, in addition to complying with 302, shall be posted at each exit and entrance to the building or structure and shall state: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents to remove such notice without written permission of the building official, or for any person to enter the building except for the purpose of making the required repairs or of demolishing same. • Standard Unsafe Building Abatement Code 1985 9 • IOW NNW CHAPTER 4 APPEALS 401 RIGHT OF APPEAL 401.1 Filing Any person entitled to service in accordance with the provisions of Chapter 3 may appeal any action of the building official under this code to the Board of Adjustments and Appeals. Such appeal must be filed in writing with the building official within 30 days from the date of service and must contain at least the following information: 1. Identification of the building or structure concerned by street address or legal description. 2. A statement identifying the legal interest of each appellant. 3. A statement identifying the specific order or section being appealed. 4. A statement detailing the issues on which the appellant desires to be heard. 5. The legal signature of all appellants and their official mailing address. 401.2 Hearing Upon receipt of an appeal, the board shall as soon as practicable fix a date, time and location for the hearing of the appeal. The hearing date shall not be more than 60 days from the date the appeal was filed with the building official. Written notice of the time and location of the hearing shall be delivered personally or mailed to each appellant at the address on the appeal by certified mail, postage prepaid and receipt requested. 402 FAILURE TO APPEAR Failure of any person to appear at the hearing set in accordance with the provisions of this chapter shall constitute a waiver of his right to an administrative hearing on the notice. 403 SCOPE OF HEARING The hearing shall offer the appellant reasonable opportunity to be heard on only those specific matters or issues raised by the appellant in his appeal. The appellant may appear at the hearing in person or through his attorney or other designated representative. 404 STAYING OF NOTICE UNDER APPEAL Except for a vacation order issued in accordance with 303, enforcement of any notice issued by the building official under the provisions of this code shall be held in abeyance during the course of an appeal. Standard Unsafe Building Abatement Code 1985 11 CHAPTER 5 RULES OF PROCEDURE FOR HEARING APPEALS 501 GENERAL 501.1 Hearing Examiners The hoard itself may conduct the appeals hearing or at its discretion may appoint one or more hearing examiners to conduct the appeals hearings. The examiner shall exercise all powers relating to the conduct of hearings until a report is submitted by him to the board. 501.2 Reporting A permanent record shall be made of all hearings and proceedings using the method of recording designated by the board. A transcript of the proceedings of all hearings shall, upon payment of the prescribed fees, be made available to any person on request. 501.3 Reasonable Dispatch The board shall proceed with reasonable dispatch to conclude any matter before it, with due regard to the convenience and necessity of the parties involved. 501.4 Form of Notice 501.4.1 The hearing notice shall include but not be limited to the following infor- mation: You are hereby notified that on the day of 19. at o'clock, at _, a hearing will be held before to consider the THE BOARD OR NAME OF HEARING EXAMINER appeal from the order of the building official regarding property located at _ . You may choose to be represented by counsel. You may present relevant evidence and will be given an opportunity to cross-examine all witnesses. You may request the issuance of subpoenas to compel witnesses to appear and/or for the production of other supporting data or docu- mentation, by filling a written report with BOARD OR HEARING EXAMINER 501.4.2 The hearing notice shall be served personally or mailed as required in 302.1.3 at least 15 days prior to the hearing date. Standard Unsafe Building Abatement Code 1985 13 Noe 502 SUBPOENAS 502.1 Filing The board or hearing examiner may obtain the issuance and service of subpoenas for the attendance of witnesses or the production of evidence at the hearings. Subpoenas may be issued upon the request of any member of the board, the hearing examiner, or upon the written request of any party involved in the hearing. The issuance and service of subpoenas shall be in accordance with established law. 502.2 Failure To Appear Any person who refuses, without legal excuse, to respond to any subpoena lawfully issued and served may be prosecuted to the extent established by law. 503 PROCEDURES FOR HEARING 503.1 Rules 503.1.1 Hearings shall not be required to be conducted in accordance with the technical rules relating to evidence and testimony. 503.1.2 The board may grant continuance for good cause 503.2 Evidence 503.2.1 In any proceedings under this chapter any member of the board or the hearing examiner shall have the power to administer oaths and affirmations and to certify official acts. 503.2.2 Oral evidence shall be taken only on oath or affirmation. 503.2.3 Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The further use of hearsay evidence shall be limited to that which would be admissible in civil court. 503.2.4 Relevant evidence shall be admitted if it is the type 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 courts. 503.3 Inspections The board or the hearing examiner may inspect any building, structure or premise involved in the appeal during the course of the hearing, provided the following are complied with: 1. Notice of such inspection is given to the parties prior to making the inspection, and 2. The parties are allowed to be present during the inspection, and 3. The inspector states for the record, upon completion of the inspection, the facts observed and any conclusions drawn therefrom. 14 Standard Unsafe Building Abatement Code 1985 504 DECISION PROCEDURE 504.1 Board Hearing When an appeal is heard before the board itself, any member who did not hear the evidence presented or has not read the entire record of the proceedings shall not vote or take part in the decision. 504.2 Hearing Before Examiner 504.2.1 When an appeal is heard before an examiner, the examiner shall within a reasonable time, not to exceed 30 days from the date the hearing is closed, submit in writing a report to the board. Such report shall summarize the evidence submitted and considered and state precisely the examiner's findings, conclusions and recommendations. The report shall also contain a proposed decision that may be adopted by the board. All such reports shall become matters of public record and shall be mailed to each party on the date they are filed with the board. 504.2.2 The board shall set a time, date and location to consider the examiner's report. Such date shall not exceed 30 days from the date of receipt of the hearing examiner's report. Each interested party shall be notified by mail at least 5 days prior to the meeting date by the manner prescribed in 302.1.3. 504.2.3 If the proposed decision is not adopted as provided in Section 504.2.4, the board may decide the appeal upon the entire record before it, with or without taking additional evidence; or the cause may be referred back to a hearing exam- iner to take additional evidence. 504.2.4 The board may adopt or reject the hearing examiner's proposed decision in whole or in part and may modify the proposed decision. 504.2.5 If the proposed decision is not adopted as provided in 504.2.4, the board may decide the appeal upon the entire record before it, with or without taking addi- tional evidence; or the cause may be referred back to a hearing examiner for addi- tional evidence. 504.2.6 The final decision of the board shall be in writing and shall contain all find- ings of fact and detailed requirements to be complied with. A copy of the decision shall be delivered to the appellant either personally or by certified mail, postage prepaid, return receipt requested. 504.2.7 The effective date of the board's final decision shall be as stated therein. 505 RECOURSE If the appellant is aggrieved by the decision of the Board of Adjustments and Appeals, nothing in this code shall be construed to deprive him of seeking redress in the civil or other applicable court. Said appeal must be filed within 15 days from the effective date of the board's final decision. Standard Unsafe Building Abatement Code 1985 15 CHAPTER 6 IMPLEMENTATION 601 COMPLIANCE 601.1 Failure To Respond Any person who, after the order of the building official or the decision of the board becomes final, fails or refuses to respond to the direction of such order, shall be prosecuted to the extent provided for by law. 601.2 Failure To Commence Work 601.2.1 Whenever the required repair, vacation or demolition is not commenced within 30 days after the effective date of any order, the building, structure or premise shall be posted as follows: UNSAFE BUILDING DO NOT OCCUPY It shall be punishable by law to occupy this building or remove or deface this notice (Specify the applicable local law and the penalty for violation thereof) building official City of 601.2.2 Subsequent to posting the building, the building official may cause the building to be repaired to the extent required to render it safe or if the notice required demolition, to cause the building or structure to be demolished and all debris removed from the premise. The cost of repair or demolition shall constitute a lien on the property and shall be collected in a manner provided by law. 601.2.3 Any monies received from the sale of a building or from the demolition thereof, over and above the cost incurred, shall be paid to the owner of record or other persons lawfully entitled thereto. 602 EXTENSION OF TIME The building official may approve one or more extensions of time as he may deter- mine to be reasonable to complete the required repair or demolition. Such requests for extensions shall be made in writing stating the reasons therefor. If the exten- sions of time, in total, exceed 120 days, they must also be approved by the board which may act without further public hearing. Standard Unsafe Building Abatement Code 1985 17 on" vow 603 INTERFERENCE No person shall obstruct or interfere with the implementation of any action required by the final notice of the building official or the board. Any person found interfering or obstructing such actions shall be prosecuted to the extent provided for by law. 604 PERFORMANCE OF WORK The repair or demolition of an unsafe building as required in the notice by the building official or the final decision by the board shall be performed in an expe- ditious and workmanlike manner in accordance with the requirements of this code and all other applicable codes and accepted engineering practice standards. 18 Standard Unsafe Building Abatement Code 1985 • • IOW INV CHAPTER 7 RECOVERY OF COST OF REPAIR OR DEMOLITION 701 GENERAL Whenever a building or structure is repaired or demolished in accordance with the provisions of this code and the cost of such repair or demolition is borne by the city, county or state, procedures for the budgeting, expenditure and recovery of such funds shall be established. 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