§ 25-75. Appeal; hearing officer.

(a)

If the damaged building is not repaired or demolished as required by the notice provided for in section 25-74, the building safety director shall give written notice to the owner of the damaged building and other parties in interest, by certified mail or personal service, to appear before a hearing officer at a designated time and place to show cause why the damaged building has not been repaired or demolished in accordance with the statement of particulars set forth in the notice provided for in section 25-74. The city manager shall appoint a hearing officer who shall conduct the hearing in accordance with this section.

(b)

The hearing officer shall hear such testimony as the building safety director, owner and other parties in interest may offer relevant to the condition of the damaged building and the failure to repair or demolish the same.

(c)

The hearing officer shall make written findings of fact from the testimony offered pursuant to subsection 25-75(b) as to whether or not the building in question is a damaged building as defined in this article and whether good cause exists for the failure to repair or demolish the damaged building.

(d)

If the hearing officer finds the building to be a damaged building and if the owner of the damaged building or other parties in interest fail to show good cause why the damaged building should not be demolished forthwith, the hearing officer shall authorize the building safety director to cause the damaged building to be demolished. The costs of such demolition shall be charged against the real property on which the damaged building existed as an assessment. Such assessment shall be recorded in the office of the county recorder and shall be a lien on such real property from the date of its recording until paid. Such lien shall be subject and inferior to a lien for general taxes and to all prior encumbrances of record.

(e)

If the hearing officer finds the building to be a damaged building and that good cause exists to grant the owner or other parties in interest additional time to complete the repair or demolition of the damaged building, the hearing officer shall order that such repairs or demolition be completed with diligence and before a date certain, provided that no extension of time longer than nine (9) months shall be granted to complete the repairs or demolition. If an extension of time to complete repairs or demolition of the damaged building is granted but the owner and other parties in interest do not complete the repair or demolition of the damaged building within the extension of time granted, the building safety director, upon the expiration of the extension granted, shall cause the damaged building to be demolished forthwith. The costs of such demolition shall be charged against the real property on which the damaged building existed as an assessment. Such assessment shall be recorded in the office of the county recorder and shall be a lien on such real property from the date of its recording until paid. Such lien shall be subject and inferior to a lien for general taxes and to all prior encumbrances of record.

(f)

Any determination by the hearing officer may only be appealed to the superior court.

(Ord. No. 1673, § 1, 3-26-91)