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A. In addition to the abatement remedies provided for in this title, the City Manager may request a hearing before the Municipal Court for the purpose of seeking authority to order the demolition of a derelict structure.

B. Upon receipt of a demolition request from the City Manager, the Municipal Court Clerk shall set the matter for prompt hearing before the Municipal Court and give the owner(s) and occupant(s) notice by personal delivery or certified mail of the date and time set for hearing. Notice shall also be posted on or near the derelict structure. Failure of the owner(s) or occupant(s) to receive such notice or an error in the name or address of an owner(s) or occupant(s) shall not render the notice void.

C. The Municipal Court may authorize the demolition of the structure if the City shows by a preponderance of the evidence that demolition would be in the public interest. The burden of proof shall be upon the City.

D. In determining whether a structure is so derelict as to require its owner to demolish the structure, the Municipal Court may consider the number and extent of the following factors:

1. Dilapidation;

2. Disrepair;

3. Structural defects noted by the Building Official;

4. Defects increasing the hazards of fire, accident or other calamity, such as parts standing or attached in such manner as to be likely to fall and cause damage or injury;

5. Uncleanliness;

6. Sanitary facilities;

7. The presence of a public nuisance; and

8. The history of unlawful activity in or around the derelict structure. [Ord. NS-2141, 2010]