Chapter 15.05 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS

These regulations shall be known as the uniform code for the abatement of dangerous buildings, may be cited as such, and will be referred to herein as “this code.” [Ord. 05-2006-127 § 1 (7.10.010)].

15.05.020 Purpose and scope.

(a) Purpose. 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 or Housing Code or otherwise available by law, whereby buildings or structures which from any cause 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.

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.

(b) Scope. The provisions of this code shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous in this jurisdiction. [Ord. 05-2006-127 § 1 (7.10.020)].

Article II. Enforcement

15.05.030 General.

(a) Administration. The City Administrator is hereby authorized to enforce the provisions of this code.

The City Administrator shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code.

(b) Inspections. The City Administrator and the Chief of the South Tongass Volunteer Fire Department are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this code.

(c) Right of Entry. When it is necessary to make an inspection to enforce the provisions of this code, or when the City Administrator or the City Administrator’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 City Administrator may enter the building or premises at reasonable times to inspect or to perform the duties imposed by 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 City Administrator shall have recourse to the remedies provided by law to secure entry.

“Authorized representative” shall include the officers named in subsection (b) of this section and their authorized inspection personnel. [Ord. 05-2006-127 § 1 (7.20.010)].

15.05.040 Abatement of dangerous buildings.

All buildings or portions thereof which are determined after inspection by the City Administrator to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in SMC 15.05.100. [Ord. 05-2006-127 § 1 (7.20.020)].

15.05.050 Violations.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. [Ord. 05-2006-127 § 1 (7.20.030)].

15.05.060 Inspection of work.

All buildings or structures within the scope of this code shall be subject to inspection by the City Administrator in accordance with and in the manner provided by this code and Sections 108 and 1701 of the Building Code. [Ord. 05-2006-127 § 1 (7.20.040)].

15.05.070 Board of Appeals.

(a) General. In order to hear and decide appeals of orders, decisions or determinations made by the City Administrator relative to the application and interpretations of this code, there shall be and is hereby created a Board of Appeals consisting of the Saxman City Council. The City Administrator shall be an ex officio member and shall act as secretary to said Board but shall have no vote upon any matter before the Board. The City Council shall adopt rules of procedures for conducting its business when sitting as the Board of Appeals and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the City Administrator and City Clerk. Appeals to the Board of Appeals shall be processed in accordance with the provisions contained in Article V of this code. Copies of all rules or regulations adopted by the Board of Appeals shall be delivered to the City Administrator and City Clerk, who shall make them freely accessible to the public.

(b) Limitations of Authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code, nor shall the Board of Appeals be empowered to waive requirements of this code. [Ord. 05-2006-127 § 1 (7.20.050)].

Article III. Definitions

15.05.080 General.

For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed either as specified in 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 the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

“Building Code” is the Uniform Building Code promulgated by the International Conference of Building Officials.

“Dangerous building” is any building or structure deemed to be dangerous under the provisions of SMC 15.05.090.

“Housing Code” is the Uniform Housing Code promulgated by the International Conference of Building Officials. [Ord. 05-2006-127 § 1 (7.30.010)].

15.05.090 Dangerous building.

For the purpose of this code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building; provided, that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants is endangered.

(a) 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.

(b) Whenever any portion, member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

(c) 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.

(d) Whenever the building or structure, or any portion thereof, because of (1) dilapidation, deterioration or decay; (2) faulty construction; (3) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (4) the deterioration, decay or inadequacy of its foundation; or (5) any other cause, is likely to partially or completely collapse.

(e) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

(f) 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.

(g) Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting members, enclosing or outside walls or covering.

(h) 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 (1) an attractive nuisance to children; (2) a harbor for vagrants, criminals or immoral persons; or as to (3) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

(i) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent, of the (1) strength, (2) fire-resisting qualities or characteristics, or (3) 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.

(j) 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 City Administrator to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

(k) 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 Fire Chief of the South Tongass Fire Department to be a fire hazard.

(l) 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.

(m) 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. [Ord. 05-2006-127 § 1 (7.30.020)].

Article IV. Notices and Orders of City Administrator

15.05.100 General.

(a) Commencement of Proceedings. When the City Administrator has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, the City Administrator shall commence proceedings to cause the repair, vacation or demolition of the building.

(b) Notice and Order. The City Administrator shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:

(1) The street address and a legal description sufficient for identification of the premises upon which the building is located.

(2) A statement that the City Administrator has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of SMC 15.05.090.

(3) A statement of the action required to be taken as determined by the City Administrator.

(A) If the City Administrator has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the City Administrator shall determine is reasonable under all of the circumstances.

(B) If the City Administrator has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the City Administrator shall determine is reasonable (not to exceed 60 days from the date of the order), that all required permits be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the City Administrator shall determine is reasonable.

(4) Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the City Administrator (A) will order the building vacated and posted to prevent further occupancy until the work is completed, and (B) may proceed to cause the work to be done and charge the costs therefor against the property or its owner.

(5) Statements advising (A) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the City Administrator to the Board of Appeals, provided the appeal is made in writing as provided in this code and filed with the City Administrator within 30 days from the date of service of such notice and order; and (B) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

(c) Service of Notice and Order. 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 City Administrator 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 City Administrator 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.

(d) Method of Service. 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 Borough or as known to the City Administrator. If no address of any such person so appears or is known to the City Administrator, 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.

(e) Proof of Service. 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 acknowledgement of receipt by certified mail shall be affixed to the copy of the notice and order retained by the City Administrator. [Ord. 05-2006-127 § 1 (7.40.010)].

15.05.110 Recordation of notice and order.

If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the City Administrator shall file in the Ketchikan recording office a certificate describing the property and certifying (a) that the building is a dangerous building and (b) that the owner has been so 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 City Administrator shall file a new certificate with the Ketchikan recording district 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. 05-2006-127 § 1 (7.40.020)].

15.05.120 Repair, vacation and demolition.

The following standards shall be followed by the City Administrator (and by the Board of Appeals if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure:

(a) Any building declared a dangerous building under this code shall be made to comply with one of the following:

(1) The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; or

(2) The building shall be demolished at the option of the building owner; or

(3) If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry.

(b) If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. [Ord. 05-2006-127 § 1 (7.40.030)].

15.05.130 Notice to vacate.

(a) Posting. Every notice to vacate shall, in addition to being served as provided in SMC 15.05.100(c), be posted at or upon each exit of the building and shall be in substantially the following form:

DO NOT ENTER

UNSAFE TO OCCUPY

It is a violation to occupy this building, or to remove or deface this notice.

City Administrator

City of Saxman

(b) Compliance. Whenever such notice is posted, the City Administrator shall include a notification thereof in the notice and order issued under SMC 15.05.100(b), reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal has been completed. [Ord. 05-2006-127 § 1 (7.40.040)].

Article V. Appeal

15.05.140 General.

(a) Form of Appeal. Any person entitled to service under SMC 15.05.100(c) may appeal from any notice and order or any action of the City Administrator under this code by filing at the office of the City Clerk a written appeal containing:

(1) A heading in the words: “Before the board of appeals of the City of Saxman.”

(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 that 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.

The appeal shall be filed within 30 days from the date of the service of such order or action of the City Administrator; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with SMC 15.05.130, such appeal shall be filed within 10 days from the date of the service of the notice and order of the City Administrator.

(b) Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the City Administrator shall present it at the next regular or special meeting of the Board of Appeals.

(c) Scheduling and Noticing Appeal for Hearing. 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 City Administrator. 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 City Administrator or 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. 05-2006-127 § 1 (7.50.010)].

15.05.150 Effect of failure to appeal.

Failure of any person to file an appeal in accordance with the provisions of SMC 15.05.140 shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof. [Ord. 05-2006-127 § 1 (7.50.020)].

15.05.160 Scope of hearing on appeal.

Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. [Ord. 05-2006-127 § 1 (7.50.030)].

15.05.170 Staying of order under appeal.

Except for vacation orders made pursuant to SMC 15.05.130, enforcement of any notice and order of the City Administrator issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. [Ord. 05-2006-127 § 1 (7.50.040)].

Article VI. Procedures for Conduct of Hearing Appeals

15.05.180 General.

(a) Hearing Examiners. The Board of Appeals may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings. The examiner hearing the case shall exercise all powers relating to the conduct of hearings until it is submitted to the Board of Appeals for decision.

(b) Record. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the Board of Appeals.

(c) Reporting. The proceedings at the hearing shall also be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the Board of Appeals, but shall in no event be greater than cost involved.

(d) Continuances. The Board of Appeals 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.

(e) Oaths – Certification. In any proceedings under this chapter, the Board of Appeals, any Board member, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts.

(f) Reasonable Dispatch. The Board of Appeals 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. 05-2006-127 § 1 (7.60.010)].

15.05.190 Form of notice of hearing.

The notice to appellant shall be substantially in the following form, but may include other information:

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 __________, 20__, 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 the production of books, documents or other things by filing an affidavit therefor with (Board of Appeals or name of hearing examiner).

[Ord. 05-2006-127 § 1 (7.60.020)].

15.05.200 Subpoenas.

(a) Filing of Affidavit. The Board of Appeals 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 of Appeals or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor 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.

(b) Cases Referred to Examiner. In cases where a hearing is referred to an examiner, all subpoenas shall be obtained through the examiner. [Ord. 05-2006-127 § 1 (7.60.030)].

15.05.210 Conduct of hearing.

(a) Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

(b) Oral Evidence. Oral evidence shall be taken only on oath or affirmation.

(c) Hearsay Evidence. 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.

(d) Admissibility of Evidence. 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.

(e) Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.

(f) Rights of Parties. Each party shall have these rights, among others:

(1) To call and examine witnesses on any matter relevant to the issues of the hearing;

(2) To introduce documentary and physical evidence;

(3) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

(4) To impeach any witness regardless of which party first called the witness to testify;

(5) To rebut the evidence; and

(6) To be represented by anyone who is lawfully permitted to do so.

(g) Official Notice.

(1) What May Be Noticed. 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 Appeals or departments and ordinances of the City or rules and regulations of the Board of Appeals.

(2) Parties to Be Notified. 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.

(3) Opportunity to Refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the Board of Appeals or hearing examiner.

(4) Inspection of the Premises. The Board of Appeals or the hearing examiner may inspect any building or premises involved in the appeal during the course of the hearing; provided, that (A) notice of such inspection shall be given to the parties before the inspection is made, (B) the parties are given an opportunity to be present during the inspection, and (C) the Board of Appeals or the hearing examiner shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the Board of Appeals or hearing examiner. [Ord. 05-2006-127 § 1 (7.60.040)].

15.05.220 Method and form of decision.

(a) Hearing Before Board Itself. When a contested case is heard before the Board of Appeals 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.

(b) Hearing Before the Examiner. 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 of Appeals as its decision in the case. All examiners’ reports filed with the Board of Appeals 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 of Appeals.

(c) Consideration of Report by Board – Notice. The Board of Appeals shall fix the time, date and place to consider the examiner’s report and proposed decision. Notice thereof shall be mailed to each interested party not less than five days prior to the date fixed, unless it is otherwise stipulated by all the parties.

(d) Exceptions to Report. 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 of Appeals, any party may present oral argument to the Board of Appeals.

(e) Disposition by the Board. The Board of Appeals may adopt or reject the proposed decision in its entirety, or may modify the proposed decision.

(f) Proposed Decision Not Adopted. If the proposed decision is not adopted as provided in subsection (e) of this section, the Board of Appeals 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 subsection (b) of this section after any additional evidence is submitted. Consideration of such proposed decision by the Board of Appeals shall comply with the provisions of this section.

(g) Form of Decision. 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. The decision shall state that it is a final administrative decision and may be appealed to the superior court within 30 days of the date of distribution. The date of distribution shall be the date that the decision was mailed or personally delivered.

(h) Effective Date of Decision. The effective date of the decision shall be as stated therein. [Ord. 05-2006-127 § 1 (7.60.050)].

Article VII. Enforcement of the Order of the City Administrator or the Saxman City Council

15.05.230 Compliance.

(a) General. After any order of the City Administrator or the Board of Appeals made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a violation.

(b) Failure to Obey Order. If, after any order of the City Administrator or Board of Appeals made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the City Administrator may (1) cause such person to be prosecuted under subsection (a) of this section or (2) institute any appropriate action to abate such building as a public nuisance.

(c) Failure to Commence Work. Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this code becomes effective:

(1) The City Administrator shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:

Dangerous Building

Do Not Occupy

It is a violation to occupy this building, or to remove or deface this notice:

City Administrator

City of Saxman

(2) No person shall occupy any building which has been posted as specified in this section. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the City Administrator has been completed.

(3) The City Administrator may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order; or, if the notice and order required demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot shall be paid over to the person or persons lawfully entitled thereto. [Ord. 05-2006-127 § 1 (7.70.010)].

15.05.240 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 City Administrator may grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the City Administrator determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The City Administrator’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. [Ord. 05-2006-127 § 1 (7.70.020)].

15.05.250 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 purchasers are 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. [Ord. 05-2006-127 § 1 (7.70.030)].

Article VIII. Performance of Work of Repair or Demolition

15.05.260 General.

(a) Procedure. When any work of repair or demolition is to be done pursuant to SMC 15.05.230(c)(3), the City Administrator shall issue an order and the work shall be accomplished by personnel of this jurisdiction or by private contract under the direction of said Administrator. Plans and specifications therefor may be prepared by said Administrator, or the Administrator 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.

(b) Costs. 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 City Council of this jurisdiction shall determine is appropriate. [Ord. 05-2006-127 § 1 (7.80.010)].

15.05.270 Repair and demolition fund.

(a) General. The City Council of this jurisdiction shall establish a special revolving fund to be designated as the repair and demolition fund. Payments shall be made out of said fund upon the demand of the City Administrator 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.

(b) Maintenance of Fund. The City 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 and 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. [Ord. 05-2006-127 § 1 (7.80.020)].

Article IX. Recovery of Cost of Repair or Demolition

15.05.280 Account of expense, filing of report.

The City Administrator shall direct an itemized account of the expense incurred by the City of Saxman in the repair or demolition of any building done pursuant to the provisions of SMC 15.05.230(c)(3) to be kept. Upon the completion of the work of repair or demolition, the City Administrator shall prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to SMC 15.05.100(c). [Ord. 05-2006-127 § 1 (7.90.010)].

15.05.290 Notice of hearing.

Upon receipt of said report, the City Clerk shall present it to the City Council for consideration. The City Council shall fix a time, date and place for hearing said report and any protests or objections thereto. The City Clerk shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in this jurisdiction, and served by certified mail, postage prepaid, addressed to the owner of the property as the owner’s name and address appear on the last equalized assessment roll of the Ketchikan Gateway Borough, if such so appear, or as known to the Clerk. Such notice shall be given at least 10 days prior to the date set for the hearing and shall specify the day, hour and place when the City Council will hear and pass upon the City Administrator’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. [Ord. 05-2006-127 § 1 (7.90.020)].

15.05.300 Protests and objections.

Any person interested in or affected by the proposed charge may file written protests or objections with the City Clerk at any time prior to the time set for the hearing on the report of the City Administrator. 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 City Clerk shall endorse on every such protest or objection the date of receipt. The City Clerk shall present such protests or objections to the City Council at the time set for the hearing, and no other protests or objections shall be considered. [Ord. 05-2006-127 § 1 (7.90.030)].

15.05.310 Hearing of protests.

Upon the day and hour fixed for hearing, the City Council shall hear and pass upon the report of the City Administrator together with any such objections or protests. The City Council may make such revision, correction or modification in the report or the charge as it may deem just; and when the City Council is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the City Council on the report and the charge, and on all protests or objections, shall be final and conclusive. [Ord. 05-2006-127 § 1 (7.90.040)].

15.05.320 Personal obligation or special assessment.

(a) General. The City Council may thereupon order that said charge shall be made a personal obligation of the property owner or assess said charge against the property involved.

(b) Personal Obligation. If the City Council orders that the charge shall be a personal obligation of the property owner, it shall direct the Attorney for the City of Saxman to collect the same on behalf of the City of Saxman by use of all appropriate legal remedies.

(c) Special Assessment. If the City Council orders that the charge shall be assessed against the property, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien upon the property. [Ord. 05-2006-127 § 1 (7.90.050)].

15.05.330 Contest.

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 judgment. [Ord. 05-2006-127 § 1 (7.90.060)].

15.05.340 Authority for installment payment of assessments with interest.

The City Council, in its discretion, may determine that assessments in amounts of $500.00 or more shall be payable in not to exceed five equal annual installments. The City 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. [Ord. 05-2006-127 § 1 (7.90.070)].

15.05.350 Lien of assessment.

(a) Priority. Immediately upon its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for property taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest due and payable thereon are paid.

(b) Interest. All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of seven percent per annum from and after said date. [Ord. 05-2006-127 § 1 (7.90.080)].

15.05.360 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 Assessor and the Tax Collector for the Borough, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. [Ord. 05-2006-127 § 1 (7.90.090)].

15.05.370 Collection of assessment – Penalties for foreclosure.

The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to assessment.

If the City Council has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary property taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for sale as provided for ordinary property taxes. [Ord. 05-2006-127 § 1 (7.90.100)].

15.05.380 Repayment of repair and demolition fund.

All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure shall be paid to the treasurer of this jurisdiction, who shall credit the same to the repair and demolition fund. [Ord. 05-2006-127 § 1 (7.90.110)].

Article X. Penalties

15.05.390 Penalties.

(a) Every act prohibited by this chapter, or the omission or failure to perform any act required by this chapter, is a violation and, unless another penalty is elsewhere expressly provided for such act, omission or failure, every person convicted of a violation of any provision of this chapter shall be punished by a fine of not more than $300.00. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense.

(b) In addition to any fines or other penalties imposed under this chapter, any person violating any of the provisions of this chapter shall pay any surcharges required by law. Such surcharges shall be collected in the same manner as fines unless or by such other means as may be practical. [Ord. 05-2006-127 § 1 (7.100.010)].