§ 2-6-22. Notices.

(a)

The building official shall prepare and issue a written notice directed to the owner of record of the building or structure. The notice shall contain, but not be limited to, the following information:

(1)

The street address and legal description of the building, structure or premises.

(2)

A statement indicating the building or structure has been declared unsafe by the building official, and a detailed report documenting the conditions determined to have rendered the building or structure unsafe under the provisions of this article.

(3)

A statement advising that if the following required action as determined by the building official is not commenced within or completed by the time specified, the building or structure will be ordered vacated and posted to prevent further occupancy until the work is completed and the building official may cause the work to be done and all costs incurred charged against the property or the owner of record:

a.

If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and the work commenced within sixty (60) days and continued to completion within such time as the building official determines. The notice shall also indicate the degree to which the repairs must comply with the provisions of the Florida Building Code.

b.

If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed.

c.

If the building or structure is to be demolished, the notice shall require that the premises be vacated, all required permits for demolition be secured and the demolition be completed within such time as determined reasonable by the building official.

(4)

A statement advising that any person having any legal interest in the property may appeal the notice by the building official to the board, that such appeal shall be in writing and shall be filed with the building official within thirty (30) days from the date of the notice, and that failure to appeal in the time specified will constitute a waiver of all rights to an administrative hearing.

(b)

The notice and all attachments thereto shall be served upon the owner of record. A copy of the notice and all attachments thereto shall also be served on any person determined from official public records to have a legal interest in the property. Failure of the building official to serve any person herein required to be served other than the owner of record shall not invalidate any proceedings hereunder nor shall it relieve any other person served from any obligation imposed on him or her.

(c)

The notice shall be served either personally or by certified mail, postage prepaid, return receipt requested, to each person at the address as it appears on the official public records. The failure of any person to receive notice, other than the owner of record, shall not invalidate any proceedings under this article. Service by certified mail as herein described shall be effective on the date the notice was received as indicated on the return receipt.

(d)

If the notice to the owner sent by certified mail is returned undelivered and the address of such person cannot be ascertained by a diligent search and inquiry, service may be effected by the publication of a notice two (2) times, seven (7) days apart, in a newspaper of general circulation in the county, the first such publication to be made at least ten (10) days before the time required for any action or the date set for any hearing under this article. Such service shall be deemed complete upon the date of the second publication.

(e)

A notice shall be posted on the property in a conspicuous location. The posted notice shall contain a statement indicating that the building or structure has been declared unsafe by the building official and a statement advising that occupancy of the building or structure is prohibited. Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents to remove such notice without written permission of the building official, or for any person to enter the building or structure except for the purpose of removing personal property, making the required repairs or demolishing the building or structure.

(f)

If the notice is not complied with nor an appeal filed within the allotted time, the building official shall file with the clerk of the circuit court a certificate describing the property and certifying that the building or structure is unsafe and that the owner of record has been served. This certificate shall remain on file until such time as the conditions rendering the building or structure unsafe have been abated. At such time, the building official shall file a new certificate indicating that corrective action has been taken and the building or structure is no longer unsafe from such conditions.

(Ord. No. 01-69, § 7, 12-18-01)