Anderson 

Chapter 6.16

ABATEMENT OF DANGEROUS BUILDINGS AND STRUCTURES

Sections:

            6.16.010          Powers           

            6.16.020          Notice of issuance status.

6.16.030          Nuisance—Hearing and council determination

6.16.040          Notice of condemnation—Appeals. 

6.16.050          Costs.

6.16.010  Powers.  The city council shall, upon recommendation of the city administrator or fire chief to condemn any building, structure or object as a public nuisance, when such officer has determined such to be hazardous or injurous to the health, safety,  or welfare of the community, authorize the condemnation of the building, structure or object, when it finds that such determination has substantial basis in fact.  (Prior code AO §6.08.00)

6.16.020  Notice of issuance status.  The city administrator or his delegate shall give notice of his determination of nuisance status to the record owner, the occupant, or other party of interest as indicated on the public records, at least thirty days before a recommendation of condemnation is made to the city council.  In the case that the owner cannot be located or contacted, notice shall be posted on the building, structure or object for thirty days before such recommendation is made.  (Prior code AO §6.08.05 (a))

6.16.030  Nuisance—Hearing and council determination,  Upon recommendation to the city council, the owner, occupant or other party of interest of the building, structure or object may appear and present evidence, testimony or argument before the city council.  If the council finds that the determination of nuisance upon which the recommendation is presented was without substantial basis in fact, then it shall not authorize the condemnation.  If the determination is found to have substantial basis in fact, then condemnation shall be authorized.  Nothing shall prevent any councilperson from cross-examining the recommending officer, or requesting or presenting evidence.  (Prior code AO §6.08.05(b))

6.16.040  Notice of condemnation—Appeals.  After an authorization of condemnation, notice of such shall be sent to the owner or other party of interest, if possible, and be posted on the building, structure or object for thirty days before removal or abatement of the nuisance.  During that period any party of interest may appeal to the council and present testimony, evidence, or argument as to why the condemnation should not proceed.  The council shall reverse its authorization only if it is determined on reconsideration to be arbitrary, capricious or without any rational basis.  The appellant bears the full burden of proof on all issues.  (Prior code AO §6.08.05 (c))

6.16.050  Costs.  The costs of removal and abatement shall be assessed against the building, structure or object, which shall be disposed of by public sale.  If such is part of the realty on which it sits, costs may be assessed against the land on which it sits, and shall constitute a lien thereon.  (Prior code AO §6.08.10)