§ 8-451. Notice.

Whenever a complaint is filed with the public officer by at least five residents of the city charging that any structure is unfit for human use or habitation, or whenever it appears to the public officer, that any structure is unfit for human use or habitation, the public officer shall, if the preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgagee of record and all parties in interest in such structure, including persons in possession, a notice and placard on the dwelling or multifamily dwelling as unfit for human habitation. Such notice shall:

(1)

Be in writing.

(2)

Include a description of the real estate sufficient for identification.

(3)

State the time occupants must vacate the dwelling units.

(4)

State that if such repairs, reconstruction, alterations, removal, or demolition are not voluntarily completed within the stated time as set forth in the notice, the public officer shall institute such legal proceedings charging the person with a violation of this article.

(5)

State that a hearing will be held before the public officer or his designee and further setting forth the date, time, and location of said hearing. The hearing shall not be less than ten days or more than 30 days after the posting of the placard or service of the notice.

(6)

State that the owner, mortgagee and the parties in interest shall be given the right to file an answer to the allegations and to appear in person or otherwise with or without legal counsel and give testimony at the place and time affixed in the notice.

During said hearing, the public officer shall have the power and authority to administer oaths and affirmations, examine witnesses, and receive evidence. The rules of evidence utilized by the courts in the state shall not be controlling in hearings before the public officer.

(Code 1964, § 21-34; Code 1988, § 8-352; Ord. No. 41302, § 5.1, 11-7-1957; Ord. No. 45018, § 44, 7-13-1965; Ord. No. 51745, § 8, 3-20-1973; Ord. No. 65792, § 1, 4-1-1993)