Chapter 16.45
ABATEMENT OF DANGEROUS BUILDINGS – ENFORCEMENT OF THE ORDER OF THE DIRECTOR OF PUBLIC WORKS OR THE BOARD OF BUILDING APPEALS

Sections:

16.45.010    Compliance.

16.45.020    Extension of time to perform work.

16.45.030    Interference with repair or demolition work prohibited.

16.45.010 Compliance.

(a)    General. After any order of the director of public works or the board of building appeals made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a violation.

(b)    Failure to Obey Order. If, after any order of the director of public works or board of building appeals made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the borough manager may (1) cause such person to be prosecuted under subsection (a) of this section; or (2) institute any appropriate action to abate such building as a public nuisance.

(c)    Failure to Commence Work. Whenever the required repair or demolition is not commenced within thirty (30) days after any final notice and order issued under this code becomes effective:

(1)    The director of public works shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:

Dangerous Building

Do Not Occupy

It is a violation to occupy this building, or to remove or deface this notice:

Director of Public Works, Ketchikan Gateway Borough

(2)    No person shall occupy any building which has been posted as specified in this section. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the director of public works has been completed.

(3)    The director of public works may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order; or, if the notice and order requires demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.70.010.]

16.45.020 Extension of time to perform work.

Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, the director of public works may grant an extension of time, not to exceed an additional one hundred and twenty (120) days, within which to complete said repair, rehabilitation or demolition, if the director of public works determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The director of public works’ authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the notice and order. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.70.020.]

16.45.030 Interference with repair or demolition work prohibited.

No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of this jurisdiction or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code; or with any person to whom such building has been lawfully sold pursuant to the provisions of this code, whenever such officer, employee, contractor or authorized representative of this jurisdiction, person having an interest or estate in such building or structure or purchasers engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code. [Ord. No. 1550, §1, 3-15-10. Code 1974 §75.70.030.]