14.14A.050 Notices and orders of building official.
(1) General.
(a) Commencement of Proceedings. Whenever the building official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he shall commence proceedings to cause the repair, vacation or demolition of the building.
(b) Notice and Order. The building official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:
(i) The street address and a legal description sufficient for identification of the premises upon which the building is located;
(ii) A statement that the building official has found the building to be dangerous with a brief and concise description of the condition(s) found to render the building dangerous under the provisions of Section 14.14A.040 of this chapter;
(iii) A statement of the action required to be taken by the building official.
(A) If the building official 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 sixty (60) days from the date of the order) and completed within such time as the building official shall determine is reasonable under all of the circumstances.
(B) If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the Building Official to be reasonable.
(C) If the Building Official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official shall determine is reasonable (not to exceed sixty (60) days from the date of the order); that all permits be secured therefor within sixty (60) days from the date of the order, and that the demolition be completed within such time as the Building Official shall determine is reasonable.
(iv) Statements specifying the amounts of any civil penalty assessed on account of the violation and, if applicable, the conditions on which assessment of such civil penalty is contingent;
(v) Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official (A) will order the building vacated and posted to prevent further occupancy until the work is completed, (B) may proceed to cause the work to be done and charge the costs thereof as a lien against the property and as a joint and separate personal obligation of any person in violation, and (C) if any assessable penalty is not paid, the Building Official will charge the amount of the penalty as a lien against the property and as a joint and separate personal obligation of any person in violation.
(vi) Statements advising that (A) any person having any record title or legal interest in the building may appeal from the notice and order or any action of the Building Official to the Hearings Examiner, provided the appeal is made in writing as provided in Section 32.08.040 and filed with the Building Official within ten (10) days of the date of service of such notice and order; and (B) that failure to appeal will constitute a waiver of all rights 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 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; 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 on him by the provisions of this section.
(d) Method of Service. Service of the notice and order shall be made in compliance with the provisions set forth in Section 32.08.030.
(e) Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by written declaration under penalty of perjury executed by the persons affecting service, declaring the 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.
(2) 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, or if the Hearings Examiner affirms the findings of the Building Official, the Building Official shall file in the office of the county recorder 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 Building Official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have be made so that the building is no longer dangerous, whichever is appropriate.
(3) Repair, Vacation and Demolition. The following standards shall be followed by the Building Official (and by the Hearings Examiner if 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 section shall be made to comply with any one of the following:
(i) 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
(ii) The building shall be demolished at the option of the building owner; or
(iii) 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.
(4) Notice to Vacate.
(a) Posting. Every notice to vacate shall, in addition to being served as provided in subsection (1)(c) of this section, 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 misdemeanor to occupy this building or to remove or deface this notice.
_________________
Building Official
of Clark County
(b) Compliance. Whenever such notice is posted, the Building Official shall include a notification thereof and the notice and order issued by him under subsection (b) of this section, 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 under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the building code. (Sec. 5 of Ord. 1990-02-23)