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Home My WebLink AboutOrd1951-210 ~ _.- ORDINANCE: NO. .J AN ORDINANCE TO .o:'110VI0E: FOR CONDELTN1-l.TIOJ.J OF BUlLuHiGS, S'rRUCTUR.2;S, Al'L, Lrl.IWS COl':Sl'I'rUI'ING FI;-{,,:; Ol~. H":;;.ciLr:1 H.ciL,.!i.RlJS, on PU13LIC NUIS'l.IJCSS; AND '1'0 i:'ROVL./E .t'ROC.::::.uURi:3 FOlt ~L.mCISILG SUCH .20,d:i, FOR 'I'lL l)Urtl'O"E 01< lHOl'.:!.:C'l'Il'iG TILe; LIP=:, II3,~i,TH AND S~,-.FEr.t{ Oli; lillSIlJEETS CF tl'F~ CI;.{~{ UJ:;l 3~/lriHD. Be It Ordinaed by the Common Council of the City of Seward: I. .Jef'initions: a. The word "hazard", for the PUrl)OSeS of this ordinance, w:'1erever used flGrein, shall oe construeu to include either, or both, fire or health dangers to persons or pro~erty in the City of ~eward. b. T:he word !lnuisance II for the purpose s of this ordinance, wherever used herein, shall be construed to include any conaitlon, use, or occupancy of any property, either real or personal, which annoys, injures, endangers or renders insecure any persons or property. c. The word "structure" shall be deemed to include buildings of any kim.i, 'iihe the l' re sidential or cOlr.mercial, or any portion of any buili.linS, or any occupancy or use made thereof, in violation of tho provisions of this ordinance. d. The term "officer", wherever used herein, shall be deemed to include the City Healtl1 Officer, the Chief of Pollee, the City ~np:ineer and BuiLiinc; Inspector, and any other administrative officer designated by the Council of t~le City of Seward to enforce ordinances of sale' city. e. '1'he word "Board" shall rerer to the .doard of ll.djust."ent ~s created by this ordinance. f. 'I'he word "person" shall include partnerships, associations and corporations, as well as n~tural persons. II. Prohibited Acts: No person shall create, operate, manage or maintain, or -1- perHit, or cause to be created, o.:Jerated, managed or maintained, any structure, within tho City of Serrard, which has been deter;nined 'uy any officer of' said. city, as herein provided, to be a hazard or nuisance, as defined oy this ordinance; and tb.e continued hazardous or nuisance conClition or any structure shall subject such structure to condemnatlon, in the time and manner herein .Jrovided; and in addit10n to condernnation of such structure, the owner, manager or operator thereol' IrJ8.Y be punlshed in the~'anner herein provided. III. Procedure: a. Any off'icer of the City of Seward, 'I'{ho is charged with the administration and enforcement of the ordinances of said city, upon receiving any report or co'~nLJlaint regarding the existence of' any hazard, or nuisance, shall immediately, and in no event longer than three days after such re.Jort is received, make an investigation of the structure, or use thereof, reported to be a hazard or nuisance. b. ',.ithin five days after such investigation or ins1Jectlon, the officer shall malce written findings in the matter and shall, if ~10 determines t~l.at the structure or use thereof ought to be con- demned, issue an order thereon, a copy of which oruer shall be served upon the owner of the structure to be condemned, or his agent, by the Chief of' Police. c. The orir;inal of such order, together with the off'icer's findings in su~~ort thereof shall ue filed with the City Clerk. U,"!on receiving such findinRs and order, the Clerk shall give notice in wr:Lting to the Q'.vner of the structure, or h1S agent, that, on a specified date, at least thirty days fro;,j the tiJile slud notice is delivered to t;1.e owner, a public hearinr; will be had before the City lJouncil, sittinE; as a Board of lidjusbJent, with the j,ayor as ex-Officio Chairnan, u~)on the condenmation of the structure or abater,ent of the use 1nvolved. d. At the ;1.earinr:, the owner ;i1ay appear in IJerson, or by an ap:ent who shall be authorized in 'uri tin", by the owner to apl:,ear, and may be represented by counsel. The Chairman shall conduc t the -2- hearinp-, d.nd shall have th0 pm/er to administer oaths and compel t~'1e attendance of' witnesses. Testimony and other ini orma tion to be presented on behalf of the city shall t irst 0e hearo., :lnQ then the malOr and his witnesses shall be heard. ii record of the }ro- ceedings shall be ke?t by a com}letent steno['.:rapher and the mmer furni shed a cO:JY 'Ii it hou t expense. e. At the conclusion of such hearing, the Board shall adopt a resolution containing its f'inciings, anu th0 order thereon. If such order shall requir0 the repair, removal, or demolition of any structure, or part thereof, or t he discontinuance of any use or occupancy thereof, found to be a hazard or nuisance, the own~r shall have thirty days fro;ll the date a copy of such order is delivered to him, in which to cor:1i:Jly 1;'lith the )rovisions of such order. f. Upon the o,wner's failure to comply with said order, the City, by any desi(!nated officer or employee, shall enforce and carry out the provisions of the oruer. The cost of condemnation of the structure, or abate;nent of the use thereof, shall be charged against tho }Jroperty, first against the salvage material, if any, which shall be so ld at public auction, ulJon at least ten days' public not ice j:Jos ted in three publ~c places; and the balance of condemnation, or abatement costs, if any, shall be charged to and beco.ne a lien against the land, in the manner ?rovided by Terri torial Law. IV. Appeals: T:1.e ovmer may appeal from any G. ecision of the Hoard to the Jistrict Court, Third .Jlvislon, Territory of _'-I.laska, ~n the ;11B.nner 91'ovL'ed in Section lb-1-35 (2~-l, .i.laska Compiled Laws Annotated, lY49. V. If any section, l:Jrovision, or clause 01' this ordinance be held invalid, such holding shall not be construed to affect the -3- validity of any remaining sections or vrovisions not adjudged invalld. VI. 'rile Council eieenis an emergency to exist which requires the irrLr:1edia to adoption of this ordinance i the suspens ion of the rules governing t':1a reading of ordint.:..nces, and that this ordinance shall take effect im,mediately u;)on its }!assage and approval. Passed and. apl)roved in a meeting of t':1e Council, duly /"":..../ .J 4# v.'" ,f y assembled on the /J~day of B ' er, 1951. Attest: ~~ Ci . Clerk t:;~.., J ~~~ , mayor