§ 6-40. Process for the abatement of unsafe and dangerous buildings.

The process for the abatement of unsafe and dangerous buildings shall be as provided and in accordance with the Standard Unsafe Building Abatement Code, latest edition, which is hereby adopted.

For buildings and/or structures which have been determined by the building official to require removal or demolition in order to abate the nuisance, the following procedures shall be followed:

(a)

The city commission shall consider such certified finding of a public nuisance as an unsafe building or structure that requires removal or demolition at any regularly scheduled meeting and shall be authorized to receive and consider such additional supporting data as it, in its sole discretion, may deem necessary to determine the prima facie existence of a public nuisance as an unsafe building or structure that requires removal or demolition. If the commission shall determine that the prima facie existence of a public nuisance as an unsafe building or structure that requires removal or demolition is established, a written notice of such determination shall be filed with the city clerk. Said notice shall contain:

(1)

A description of the land, building, structure or premises constituting said public nuisance as an unsafe building or structure, said description to include, to the extent practicable, a description by metes and bounds or by lot number as indicated in the public records of Brevard County, Florida.

(2)

The name or names of the occupants of the property, if known, and the names, places of residence, legal disabilities, if any and if known, and interest of the owners of such property, if known. This requirement shall be satisfied if a diligent and reasonable search of the property and the public records of Brevard County, Florida, is made. If the name of the owner and occupant is not known then such fact shall be so stated.

(3)

The condition found to exist that constitutes the prima facie finding of public nuisance as an unsafe building or structure that requires removal or demolition.

(4)

The corrective action required to be done to abate the specified public nuisance as an unsafe building or structure including, but not limited to, the destruction of such building or structure

(b)

A copy of said notice shall be served upon the occupant and owner of such land, building, structure or premises, if known, together with a summons to appear before the city commission at a public hearing at least ten (10) days subsequent to the date of service of said summons, and show cause, if any, why such land, building, structure or premises should not be declared a public nuisance and the corrective action of abatement specified in said notice should not be taken; or cause, if any, why the cost of the corrective action of abatement specified in said notice should not be paid for by the owner of such land, building, structure or premises; or cause, if any, why said cost should not be assessed against said land or premises. Said notice and summons shall be served in the manner specified in section 6-45 of this article.

(Ord. No. 394, § 1, 4-27-1972; Ord. No. 1323, § 2, 12-6-2001)