[Amended 1-7-2008 by Ord. No. 68.82.07]
Whenever any building or part of a building
in the City of Albany shall become unsafe by reason of its use, mode
or construction or which upon the demolition of an adjoining building
shall be discovered to be unsafe or shall be determined to be unfit
for human habitation or is a hazard to the health or safety of the
occupants or public, the Commissioner of Buildings shall have power
to make such order, relative to the discontinuance or modification
of such use and the demolition, repair or strengthening of such building,
after giving the parties in interest a written or printed notice and
a reasonable opportunity to be heard, as the nature of the occasion
requires, and to prohibit the use of such building or part of a building
until the order of said Commissioner of Buildings is complied with;
such order shall prescribe the time within which such use shall be
discontinued or modified, or such demolition, repairs or strengthening
shall be made, and said Commissioner of Buildings shall cause a certified
copy of said order to be served upon the owner or occupants of any
such building or part of a building or the agent of any such owner.
If the building is vacant or the owner absent, the notice provided
for herein shall be served by attaching a copy thereof to the building
and delivering a copy thereof to any person having charge of the building
and mailing a copy to the owner as shown by the assessment rolls of
the City. Proof of service of such notice by the Commissioner of Buildings
in this manner shall be deemed sufficient service. If after the service
or posting of such notice the owner or occupant of any such building
shall neglect or refuse to comply with the order of said Commissioner
of Buildings, or his agent or servants, relative to the use of such
building, or shall neglect to comply with the order of said Commissioner
of Buildings or his servants relative to the demolition, repair or
strengthening of such building within 30 days of notice or posting,
the Commissioner of Buildings is hereby authorized and empowered to
employ such labor and furnish such materials and take such steps as
in his judgment may be necessary to make the building safe.
The value of the work done and the materials
furnished in doing said work, or any part thereof, under and by direction
of the Department of Buildings, as provided for in the last section,
shall, when properly certified by the Commissioner of Buildings, be
audited and paid by the City in the same manner as other claims against
the City are audited and paid, and the amount so paid shall be and
remain a lien against the property upon which the work is done and
shall be collected by the City from the owner of such property in
the same manner as taxes are collected, and the City may institute
an action at law against such owner, owners or occupants to recover
the cost thereof. The remedy by action at law shall be in addition
to the right to assess the cost as a lien against the property.
