HomeMy WebLinkAboutOrd1957-279
CIT-'X' OE' 3'::~l.i~HD. AL~KA
OI1DIl'0....,J\TCS L~O. 2.79
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i.::"/j\...Dl...IJ:-:Il\~i~' .L-KOCiDU:,:C3 FO:~ 'l.~~.:-, ~J.ljd.T ~,'~~TT d.l~D FOR
CONDEiJ":<lTIOl, OJ!' Di..NG..:;r;OJS :3TTu'~'T'JiE2.
'.;'l~"L:__, it r.l:ls becorue neC~S"uTj in tn~ p"Ulic interest to 1-'rot~ct trle
G'en"r'il ,JUolic a. ,'jinst trLe 8xistence of ,'n:,' structure WItich L. unsdfe or which
is d Ulen ce to ti~tl heel th, mU;,"dls or 8af,~tJ uf tne publ ic, or.;l1ich hdS becolile
a fi"e or health hCLdrd or pul:lic nuisance.
no J '-l'H,,=T""~FOiLL .bL
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C",DAINZD by tl:e City Council of tile City of .scl\1ard
as follows:
Section 1. Dangerous Structures; AuutuL,ent or Condemna',ion Procedure.
(3) :10 person stall maintain any structure lli.ieh is uns~fe or which is a
lJlenuce to tire heciltn, rllorals or 8.~f"ty of the public, or vLiet [ldS becoke a fire
or hedl th hdz._rd or public nuisELnce.
(b) Wi.enuvar al.Y ",irninistrdtive official or officials 0:' the City, such
,=,s tLe Fire Chief, Police Chief, vuildinb Ins:;Jector, Electrical InspectC1r or
SanitarL,n, shu,ll aft,"r inspection :JeCl~I'" a buLi.'_linb to bv a d:i1l6erOUs structure
or d fire or ite,,-l th hazard or pu'[)lic nuisance, ha shall. render to the Gi ty
I'lanab_r a full and detdiled report of the c'~'ndi tLn of ",uch buildinG and a
stJtelilent of the reasons ',,-,y such 3tructurG sl1oulC' be ~bated, inl;ludin", in his
re,lort 0.11 violations of Orclin~nces, I,;odes :md/or r"lGs and recuLlticns of the
l.,:' ty of ""eward toe;c:ther with his recommendat ions clS to al t rin,;, n,pairing,
te,,-rinG down or rer:;oving said structu:,e.
(c) Upon receipt of the re;Jo;'t of ti,e dILlnistrativc official or officials
of tl,e C:ty, Llie City 1';anuCvr shall Gc,,;e \Vritten findings in the rililt+8r, ucce,Jtinb
or wodif,; inb tLe subor:En," te drninL,trat i ve off icLll' s r0port dn,; Utall issue his
order in writing uased thereon.
(,11 Tue d~5i6nCtLd Almini"trdtive of1 i",idl or l:,frici.d~ sL"'l.l ca .0e a
,ri tten notice includinb therein the I'iri tten order of the Gi tJ r-i._,net",,,r to ,bate
or correct Selid nuisance, health h"-z I'd or fire hazard by rellicvin~ or re:airing
;Jwue, s'.lid net ice to bl: Given to tL.~ .f.~rson creo.tiLc...,t CaUsinc.' COLl..litting or
maintdinin-... Bdid nui.s::..rJ.c0 e;T lJ.~z~rd, if ~~nuwn, b.ndjL.r' to the o-',,,n..;I't tenant t or
~6rson in l)ossessj en or control e,f t[J-0 l._<r'0Llis3S u.l:1on ~..riliL:L tIie: nu.is ilce exists
or tIle ,;:;r8wises abuttinf..., t.. e pUL,lic ,;;.\l::...c_ i.l1.Jon 1j>JliicLJ. tIlE;;; ni.....iS~IlCe or otller hci.zu.rd
exis:s.
(e) Said notice shall be oiven in either of the following wQYs:
1. By post ing same in a conspicuous place u1con the premises, or upon
a public sidewalk, str3~t or otLer thoroughfare on the Sdllie side
,_end in front of the ,:;remises, upon which or "butting the public
place upon which the nuisance exists.
2. By personally serving such person responsible for said nuisance
or such owner, tenant, or person in possescion or control in the
manner required for service of smamons.
3. The notice shall be headed. "NOTICE TO ABATE OR CORRECT NUISANCE.
or "NOTICE TO ABATE OR CORR2CT EITHER FIRE OR HEALTH HAZARD" in
letters not less than one inch in height. The rest of the notice
in legible wording, shall direct the abatement or correction of
the nuisance by removing or repairing same.
4. The notice shall further specify a date Qt 16ast 30 days from
date of said notice at which ~ublic hearing will be had before
the City Council sitting as a Board of Adjustment, with the ~~yor
as Ex Officio Chairman. on ti,e question of abatement, condemnation,
altering, repairing. tearing dOwn or removine said structure. A
Copy of the findin"s shall accompany the notice of the hearing where
said notice can be sel'ved personally as provided in subdivision. 2
abov:'e.
5. Where the property owner. or occupant, as defined above, objects
to the order and findings of the administrative official as
modified by the City Manager. in such ca:_e the property owner or
occupant shall file within ten (10) days of the proposed hearing
date his objections in writing. These objections shall be filed
with the City "'anager. These objections in writing shall be con..
sidered as a notice of appeal.
(f) An a~pedl stays all procedings in furtherance of the action appealed
from unless the officer from whom the appedl is taken certifies to the Board of
Adjustment, after the noti~e of a~peal shall have been filed with the City
~lan,'ger, that by reason of f"cts stated in the certificate. a stay would in his
opinion cause irrminent peril to life or property. In such case procedings shall
not be stayed oU.,_rwise than by a restraining order wtich may be granted by the
Board of adjustment, or by a court of record on application or notice to the
office from which the appeal is taken and on due cause shown.
(g) When an appeal is taken, as noted above, the Board of Adjustment shall
give pUblic notice of the p oposed hearing ~nd due notice to the parties in interest.
(h) At the hearing the property owner, or occupant. as defined in this sectio~
may appear in person or by abent or attorney; the Chainnan or Acting Chairman of
the Board of .~justment may administer oaths and compel the attendance of
witnesses. record sheill be kept of the proceaings by a competent stenographer and
the owner furnished a copy without expense; the Board of ""djustment shall have
the following pover.:
1.. 1'0 hear and decide appeals ,Ihere it is alleoed there is error in the
order or findings of the City ~~n~ger, or any order, requirement,
decision, or determination made by him- or his ugents.
2. To heur and decide requests for exceptions to the terms of this
article.
]. To authorize upon appeal ih. specHic cases auch variance from the
terms of this article as will not be contrary to the public
interest. where, owing to special conditions, a literal enforcement
of the urticle would result in unnecessary hardship, and so that
the spirit of the article shall be observed and substantial
justice done.
(i) In exercising its powers the Board may reverse or affirm wholly or
partly, or may modify the order, requirement, decision or determination appealed
from. To reverse any order, requirement, decision or d.ctel'mination, or decide in
favor of the applicant, or to make exceptions to or variations from this article.
the concurring vote of four (4) members of the board .hall be required.
(j) The Board, after the public hearing, shall adopt a resolution containing
its findinGS; if removal or demolition of the structure is provided for and ordered,
the owner shall have at least thirty (]o) days from the date of said resolution
so to do; if repairs or ulternations are ordered, they may be made ",ithin such
tLme as the Board shall order. A copy of said order shall be served upon the
owner or occupant.
(k) Appeals may be taken by person a~rieved, or any officer, department
head or by any administrative official as defined in Section B. Such appeal
shall be taken within ten (10) days from the adoption of the resolutio~ by the
board containing its findings. Such appeal may be taken by filing with the City
Clerk and with the Clerk of the DO<:i.rd of "'-djustment. if there by one, a notice of
appeal, which notice shall specity the ground of such appeal..Upon filing of the
notice of appeal as Herein provided, the s,,-id board shall forthwith transmit to
the District ~ourt Clerk of the Judicial Division in Which the Gontroversy arises
the original or certified copies of all p"-pers constituting the record in the
case, tog~ther with the order, decision or ruling of the Bo~rd of .~justment.
(I) Shoulc the owner fail to co~pl~ with the Boardts order as to remove19
or demolit ion, or re,AJ.ir or al terna tiotl. wi thin the prescribed t Lme, or fails to
appeal from the Board r s order, the Ci tJ J.Vlanager shall carry out the requirements
of the resolution. The cost of said abatement will be chargeable against the
property, first against the salvaged mctterial. which iJ.ay~ be sold at public auction.
and the balance of cost. if any. against the land to become a lien thereon, the
same as real property taxes levied by the CDty of Seward.
Section 2. All Ordinances or parts of Ordinances in conflict ~ith this Ordinance
are hereby repealed.
Section 3. The rules governing the passage of Ordinances are hereby suspended.
This Ordinance. declured to be one necessary for the ~Jediate preservations of the
public peace, property~, welfar'e and saf"ty of the people of the City of Seward.,
Alaska. An emergency is hereby declared to exist, and this Ordinance Eh all take
effect immediately upon its passage, approval. execution and publication by
postinec a copy there of in three <.:J) public places in the Ci ty~, one of which
shall be the City Hall.
Fassed and approved by the City Council of the City of Sewurd. ~laska.
the /.2~ da~ of ~~~ 1957.
Qtt- Q E./.ty..
Mayor
ATI'EST:
~ ht:lJ~--hA...J
City Clerk