A. The manager, city engineer, chief of police, fire chief or city health officer may report to the city council that a particular parcel, property or structure constitutes a fire hazard, health hazard or public nuisance. The report shall be served on the owner or manager of the property by mail or personal delivery. The city officers and council may rely upon any nationally recognized building, plumbing, electrical, structural, mechanical, health, fire, dangerous building, hazardous materials, or similar codes or standards in determining whether a condition of a parcel, property or structure is a fire or health hazard or public nuisance.

B. Upon receiving a report under subsection A of this section, the city council shall fix a time and place for a hearing before the council to determine whether the report is correct. Unless the owner of the property or their agent requests a shorter time, the hearing may not be fixed for a date sooner than ten (10) calendar days from the date the report is mailed or delivered to the owner, manager of the property, or owners’ agent for service.

C. When a hearing is set, the city clerk shall cause notice of the contents of the report and of the time and place of the hearing to be served upon the owner or manager of the building, parcel, or structure. Such notice shall be served personally or by certified mail on the person shown as the owner in the Bethel district recording office or their agent or manager of the property, and shall be posted at the parcel or affixed to the structure. If the identity and address of the owner, the manager or their agent cannot be ascertained by reasonable diligence, then notice shall be sent by certified mail to the last known owner at their last known address, and shall be published in a newspaper of general circulation published within the city or posted in three (3) public places where notices of city council meetings or other public notices are posted.

D. At the time and place set for hearing, the council shall hold a hearing to determine whether the report is substantially correct in all material respects. The city administrative officials may present written, photographic, and oral evidence to support the report. The council may as part of the hearing inspect the premises and may treat its observations as evidence to determine the correctness of the report. Observations relied upon by any member of the city council shall be stated at the hearing and become a part of the record. At the hearing the owner or their representative, if present, shall be heard and may present evidence. If the report is substantially correct in all material respects, the council may by resolution declare that the premises constitutes a fire or health hazard or a public nuisance. [Ord. 01-05 § 5.]