Chapter 16.15
ABATEMENT OF DANGEROUS BUILDINGS – NOTICES AND ORDERS OF DIRECTOR OF PUBLIC WORKS

Sections:

16.15.010    General.

16.15.020    Recordation of notice and order.

16.15.030    Repair, vacation and demolition.

16.15.040    Notice to vacate.

16.15.010 General.

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

(b)    Notice and Order. The director of public works 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 director of public works 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 KGBC 16.10.020.

(3)    A statement of the action required to be taken as determined by the director of public works.

a.    If the director of public works 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 director of public works shall determine is reasonable under all of the circumstances.

b.    If the director of public works has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the director of public works shall determine is reasonable (not to exceed sixty (60) days from the date of the order); that all required 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 director of public works 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 director of public works (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 director of public works to the board of building appeals, provided the appeal is made in writing as provided in this code and filed with the director of public works within thirty (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 (1) copy therefor shall be served on each of the following if known to the director of public works 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 director of public works 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 director of public works. If no address of any such person so appears or is known to the director of public works, 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 director of public works. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.40.010.]

16.15.020 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 director of public works 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 director of public works 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. No. 1550, §1, 3-15-10. Code 1974 §75.40.020.]

16.15.030 Repair, vacation and demolition.

The following standards shall be followed by the director of public works (and by the board of building 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, at the option of the building owner, be made to comply with one (1) of the following:

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

(2)    The building shall be demolished; 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. No. 1550, §1, 3-15-10. Code 1974 §75.40.030.]

16.15.040 Notice to vacate.

(a)    Posting. Every notice to vacate shall, in addition to being served as provided in KGBC 16.15.010(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.

Director of Public Works, Ketchikan Gateway Borough

(b)    Compliance. Whenever such notice is posted, the director of public works shall include a notification thereof in the notice and order issued under KGBC 16.15.010(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. No. 1550, §1, 3-15-10. Code 1974 §75.40.040.]