§ 14.20. Procedure for City or City Contracted Demolition.

Due to a variety of reasons, including but not limited to abandonment, neglect, inadequate property management, or obsolescence, the condition(s) constituting a danger or nuisance to the public cannot be made safe. Factors evidencing a determination that a property cannot be made safe may include, but not be limited to: a history of unsecured or unsecurable dangerous conditions; a history demonstrating the property owner's failure to exercise reasonable control over the property to keep it secure or safe; a history showing that the property has become an attractive nuisance to children or transients; a history showing a proliferation of criminal activity due to dilapidated conditions and lack of management and control over the premises; a history showing that notwithstanding the reasonable efforts of enforcement personnel and/or the Code Enforcement Board, the property remains in a condition which is imminently dangerous to the public health, safety and welfare. In such cases, the enforcement official shall:

(A)

Proceed with Notice to Vacate in accordance with Article I, Chapter 5, if such has not already been accomplished.

(B)

Include with the Notice to Vacate and Statement of Violation Notice of Hearing a statement which informs the property owner(s) and tenant(s) that the hearing before the Code Enforcement Board may result in an order requiring the property owner or City to demolish the structure(s) on the property with any costs therefor being assessed against the property and constituting a lien thereon.

(C)

Such notice of requested demolition shall be served not only upon the property owner(s) of record, but shall also be served upon mortgage holders and lienholders of record as determined by a legally valid property records search.

(D)

The notice of requested demolition shall describe the condition(s) found by the enforcement officer, upon consultation with the City Attorney's Office, to constitute such a public nuisance pursuant to this Section as to make demolition necessary.

(E)

At the Code Enforcement Board hearing the enforcement official, together with an assistant city attorney if the case warrants, shall present evidence showing the dangerousness of the condition(s) to the public and the property owner's inability or unwillingness to cure such dangers, and the history according to the above-detailed factors showing that the property is unsecurable or has not been made safe. The Board may render its order requiring the owner or City to demolish, or cause to be demolished, the structure(s) which have been proven to be unsafe. The order may also require vacating of the property if such action is necessary and has not already been accomplished. If the Board determines that an order requiring repairs by the property owner through City work is appropriate, the Board shall specify what repairs are necessary in order to make the property safe, and by what date said repairs are to be accomplished.

(F)

The enforcement officer shall take such action as has been authorized by the Code Enforcement Board to demolish the structure(s) or render the premises safe. The premises shall be kept posted with the notice to vacate and persons violating the Notice to Vacate may be referred for prosecution pursuant to Section 1.08 of the Orlando City Code. The costs and expenses of City repair work or demolition shall be a lien upon the property, which lien may be enforced by suit at law or chancery.

(G)

Liens for such City contracted work shall be recorded in the official records as special assessment liens.

(Ord. No. 2018-33, § 2, 8-6-2018, eff. 1-1-2019, Doc. #1808061204)