§ 2.38.080 — Failure to comply with commission order

2.38.080 - Failure to comply with commission order.

A. In addition to any civil penalties in the order, a person commits a misdemeanor offense if he fails to comply with a commission order that has become final. B. It is a defense to prosecution under subsection A. of this section that the commission order has been appealed to the state district court and the case is pending or the commission order was not upheld on appeal. C. After the time provided in the order has expired and the commission's order has not been appealed, then the city may take the ordered action after complying with the following: 1. The director shall cause the structure's condition to be assessed, so as to determine whether its condition remains substantially the same or has worsened from its condition at the time of the order, and shall document evidence of its condition in the file before providing notice. 2. Providing notice as described in Section 2.38.090 D. 3. Within the twenty-four hours before the city commences any work, the director shall again cause the structure's condition to be assessed, and document evidence of its condition for his file. D. In the event that, pursuant to an assessment under this section, the director determines that the condition of the property is not substantially the same or worsened and appears to have been substantially and purposefully improved, the director will either request a rehearing and serve notice to the interested party to appear before the commission to show cause why the city should not cause the structure to be vacated, secured, removed or demolished, or take action to enforce the provisions of this Code and the order of the commission by pursuing all civil and criminal actions, and civil and injunctive remedies available to the city under state law, or by any other remedy or combinations of remedies available at law or equity, including in any court action, the collection of attorney's fees and costs, and maximum interest on liens and judgments as allowed by law.

(Ord. No. 19112, § 1, 10-27-2020)