§ 9-8.1201. Authority.

Once the Building Official, or his or her designee, has followed the procedures set forth herein for the service of a notice on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, or occupancy of a building or structure in violation of the provisions of this Code, and an order directing the discontinuance of the illegal action or condition and the abatement of the violation, and the time for compliance has lapsed, if the violations, or any of them, remain, the City may act to abate the nuisance condition(s) under one (1) of the following procedures:

(a)

Where the person served has appealed the Notice and Order, the Board of Building Appeals has determined that the nuisance condition exists and ordered its abatement, and where the nuisance has not been abated within the time allotted by the Board, the City may cause the nuisance to be abated by its employees or by independent contractors. Entry to the property for the purpose of abatement under this procedure shall be made only upon the written consent of the owner, or, lacking such consent, pursuant to an administrative inspection warrant issued by a Judge of the Superior Court.

(b)

Where the Notice and Order has not been appealed to the Board of Building Appeals, and the nuisance conditions have not been rectified within the time allotted in the Order, the City may seek an order from the Superior Court authorizing entry onto the property and the removal of any violation or the abatement of any nuisance specified in the Notice and Order.

(c)

Where the Notice and Order has not been appealed to the Board of Building Appeals, and the nuisance conditions have not been rectified within the time allotted in the Order, the City may proceed administratively before the Board on an order to show cause why the building should not be condemned as a nuisance, and the nuisance be abated as provided in this article.

(Ord. 3513-C.S., § 2, effective 6-12-09)