15.10.120 Determination and order (after hearing).
A. Hearing Determination. If, after the administrative hearing provided for in Section 15.10.100, the building official determines that a building or premises is unfit for human habitation or other use pursuant to Section 15.10.080, the building official shall further determine, using the standards set forth in Section 15.10.090, whether the building should be:
1. Repaired, altered or improved;
2. Vacated and closed; or
3. Demolished and removed, and/or whether the premises and the conditions that cause it to be unfit should be corrected or improved.
B. Notice and Order. The building official shall issue a written order requiring that the building or premises be made fit for human habitation or other use. The building official shall post and serve the order upon all parties served with a copy of the complaint, in the manner provided in Section 15.10.100. The order shall contain:
1. The street address and a legal description sufficient for identification of the premises upon which the building, structure, or dwelling unit is located;
2. A statement that the building official has found the building or structure or portion thereof to be dangerous and/or substandard with a brief and concise description of the condition found to render the determination;
3. A statement that one (1) of the following actions shall be taken:
a. If the building official determines that the building or structure or portion thereof must be repaired or replaced, the order shall require that permits be secured and the work physically commenced within such time and completed within such time as the building official determines is reasonable.
b. If the building official determines that the building or structure or portion thereof shall be vacated and repaired, the order shall require that the premises be vacated within a time determined reasonable and that a permit be secured and work physically commenced and completed within such time as the building official determines reasonable.
c. If the building official determines the building or structure or portion thereof must be vacated and demolished or is already vacated or demolished, the order shall require that the premises, if not vacated, be vacated within a time determined reasonable and that a permit be secured and work physically commenced and completed within such time as the building official determines reasonable;
4. A statement advising that the building official will or has notified, as prescribed by Section 15.10.160, the water superintendent, public utility district and/or gas utility company to terminate utility service;
5. A statement advising that failure to comply with the order may result in prosecution as a violator of the provisions of the city code;
6. A statement advising that if required repairs or demolition or failure to obtain permits within specified time is not made, the city may proceed to cause the work to be done and that the amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the board or officer, shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid;
7. A statement advising: (a) that any person having any record title or legal interest in the building may appeal from the notice and order any action of the building official to the board of appeals; provided, the appeal is made in writing and filed with the building official within thirty (30) days from the date of service of the written order issued pursuant to subsection (B) of this section; and (b) that failure to appeal will constitute a waiver of all right to a hearing before the board of appeals and in such case the order issued by the building official shall be the final determination of the matter; and (c) that the person having a record title or legal interest in the building may request an informal conference to discuss modifications of the notice and order.
C. Asbestos Survey. If an owner fails to comply with an order and the building official elects to demolish and remove a building pursuant to Section 15.10.150(C) the owner shall either obtain an asbestos survey and make the same available to the building official or allow the building official access to the structure so that the building official may obtain an asbestos survey.
D. Timelines for Compliance. When calculating the time for compliance, the building official shall consider:
1. The type of hazard, the nature and immediacy of the threat to the public health and safety, and the blight created by the conditions of the premises;
2. A demonstrated intent by a responsible party to repair, demolish or vacate and close the building or to correct or improve the condition of the premises by:
a. Entering into a contract with a licensed contractor to perform the required work within a specific time and for a reasonable compensation,
b. Depositing cash in a segregated account in an amount sufficient to complete the required repairs,
c. Securing a loan from an established lending institution that will provide sufficient funds to complete the required repairs, or
d. Securing a permit to perform the required work and paying the required permit fees;
3. The length of time required to obtain permits needed to complete the repairs;
4. The complexity of the repairs, seasonal considerations, construction requirements and the legal rights of tenants; and
5. Circumstances beyond the control of the responsible person.
E. Recording. If no appeal is filed, a copy of the order shall be filed with the Grays Harbor County Auditor.