§ 9-8.1204. Hearing.

(a)

At the time fixed in said Notice, the Board of Building Appeals shall proceed to hear the testimony of the officers or employees of the City of Modesto and the owner or his representatives, if present at said hearing, and other competent persons who may be present and desire to testify, respecting the condition of said building or structure, the estimated cost of its reconstruction, repair or removal, and any other matter which the Board may deem pertinent thereto. Upon the conclusion of said hearing, the Board may, by resolution, declare its findings and, in the event that it so concludes, may declare said building to be a nuisance and direct the owner to abate the same within thirty (30) days after the date of posting on said premises a notice of the passage of said resolution by having said building properly reconstructed or repaired, or having the same razed or removed and notifying said owner that if said nuisance is not abated said building will be razed or removed by the enforcement agency and the expense recovered by the City in accordance with the procedures set forth in Article 7 of Chapter 6 of Title 1of the Modesto Municipal Code.

(b)

At any time within sixty (60) days after the passage of any resolution directing the abatement of a nuisance, the Building Official shall cause to be posted a copy thereof conspicuously on the building so declared to be a nuisance and shall cause another copy to be mailed by registered mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located as such person's name and address appear on the last equalized assessment roll of the County of Stanislaus or as known to the clerk of the Board, and a copy of said Notice shall be mailed to each mortgagee or beneficiary under any deed of trust, of record, at the last known address of such mortgagee or beneficiary, and if such address is unknown to the enforcement agency, then said fact shall be stated in said copy so mailed and it shall be addressed to him at the county seat of the County of Stanislaus.

The officer or employee of the enforcement agency, upon giving notice as aforesaid, shall file a proof of service regarding the posting and mailing in the manner required herein.

The Board may grant any extension of time to abate said nuisance that it may deem justifiable upon good cause therefor being shown.

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