Fulton Declaration of nuisance; procedure ordinance (§ 46-6)

(a) Issuance of nuisance notice. After an inspection performed by a building inspector in accordance with this chapter, the inspector shall issue a written notice ("nuisance notice") if the inspector determines a structure to be a dangerous building.

(1) Contents of notice. The nuisance notice shall contain the following:

a. A description of the building or structure at issue;

b. A description of the defects of the building or structure that make the building or structure a dangerous building;

c. A declaration that the building or structure is a nuisance;

d. That all interested parties shall vacate, if applicable, and the owner must, at their own risk and costs, repair or demolish said building in accordance with the terms of the nuisance notice and this chapter; and

e. A reasonable time, not exceeding 30 days, to commence the required work and to continue the same until completed without unreasonable delay, not to exceed 90 days from the date of notice.

(2) Service of notice. The nuisance notice shall be given either by personal service or by certified mail, return receipt requested to all interested persons. If service cannot be had by either of these modes of service upon each interested person, then service may be had by publication in a newspaper qualified to publish legal notices within the city for two successive weeks, directed to all interested parties and the general public.

(b) Compliance with nuisance notice; report of non-compliance.

(1) Compliance. If a nuisance notice is issued, then all interested parties must vacate, if applicable, and the owner of the dangerous building shall repair or demolish said building, at his, her, or its own risk and cost, in accordance with the nuisance notice. The repair or demolition shall

commence within a reasonable time, not to exceed 30 days and be continued until completed without unreasonable delay, not to exceed 90 days from the date of nuisance notice.

(2) Non-compliance. Upon receipt of a report from the building inspector indicating a failure by any interested party to comply with the nuisance notice, the building commissioner shall call and hold a full and adequate hearing giving all interested parties notice on the matter in accordance with subsection (c), below.

(c) Hearing and notice of hearing.

(1) Hearing notice. The building commissioner shall give written notice of the hearing to all interested parties at least ten days in advance of the hearing date. The hearing notice shall be given either by personal service or by certified mail, return receipt requested. If the hearing notice cannot be accomplished by either of these methods, then it shall be given by publication for two successive weeks in a newspaper qualified to publish legal notices within the city, with the last insertion being not less than one day prior to the hearing. The hearing notice shall identify the interested parties, the address of the dangerous building, the date, time, and location of the hearing, the right of interested parties to be represented by counsel and have an opportunity to be heard, and include such other information as the building commissioner determines.

(2) Hearing procedures. The building commissioner shall preside over a full and adequate hearing in which any interested party may be represented by counsel and all interested parties shall have an opportunity to be heard. The hearing officers shall be the building commissioner, the director of administration, and the city engineer. The building commissioner shall issue such orders as determined by the majority of the hearing officers.

(d) Vacation, repair or demolition order.

(1) Issuance of order. If there is competent and substantial evidence presented at the hearing which shows that the building or structure is a nuisance and detrimental to the health, safety, or welfare of the residence of the city and is, thus, a dangerous building as defined herein, the building commissioner shall issue an order, making specific findings of fact, based upon such competent and substantial evidence, as to the reasons, conditions, or defects making the building or structure a dangerous building, and commanding that the building or structure be vacated, repaired, or demolished and removed ("order"). If supported by such evidence, the order may direct the city to repair or demolish the dangerous building immediately or may provide the owner with a reasonable time to repair or demolish before the city does so. If the evidence does not support a finding that a building or structure is a dangerous building, no order shall be issued.

(2) Service of order. The order shall be served upon all interested parties by personal service or by certified mail, return receipt requested. If the party to whom such order is addressed cannot be found after diligent effort to do so, service may be made upon such party by posting the order on

the building or structure described in the order.

(3) Compliance with order. If an order is issued providing an interested party with an opportunity to vacate, repair or demolish, then any interested party shall so vacate, repair, or demolish said building, at his, her, or its own cost and risk, in accordance with the order. The vacation shall commence in a reasonable time prior to any repair or demolition and shall continue until such repair or demolition is completed. The repair or demolition shall commence within a reasonable time, not to exceed 30 days from the issuance of the order and shall be continued until completion without unreasonable delay, not to exceed 90 days from the order.

(4) Failure to comply with the order; repair or demolition. If the interested parties fail to comply with the repair or demolition order within 30 days of its issuance or fails to continue the same until completion without unreasonable delay, not to exceed 90 days from the repair and demolition order, or if the evidence supported an order for the city to proceed to repair or demolish the dangerous building immediately, the building commissioner shall cause such building or structure to be vacated, repaired, or demolished as the repair or demolition order so provides.