§ 13-40. Burned structures.

(a)

In the event that a structure burns or has substantial fire damage, i.e. that which is more than fifty (50) per cent damaged, the building official or fire official may declare that the structure constitutes a public hazard if in its after condition it is a fire hazard, pursuant to the city building and/or fire codes, to the health, safety and welfare of the public and is considered to be an unsafe building pursuant to the provisions of this article.

(b)

Upon service of this notice, either by a duly appointed police officer, process server or by certified mail, the property owner shall within ten (10) days of the notice submit a written plan of corrective action to the fire official and building official according to the specifications contained in the notice.

(c)

The building official and fire official shall then make a determination if the plans as submitted, comply with all local, state and federal codes, laws, regulations and ordinances. If they are not in compliance, the applicant can then have five (5) days from receipt of comments and suggested revisions to resubmit the final corrected plans for rehabilitation. Once the plans, as submitted, are approved, the building official and the applicant shall agree on a rehabilitation schedule for said building. The city has five (5) days from receipt of the plans to approve, disapprove or return for corrections.

(d)

If the plans are not submitted or are not approved or have not been approved within thirty (30) days from receipt of the notice as provided for in this section, the city is authorized to begin condemnation proceedings under this chapter.

(e)

Any denial of plans and or variations may be appealed to the board of zoning appeals within ten (10) days of the denial.

(Ord. No. 03-32, 11-20-2003)