(a) Any person having under his control or in his possession upon any premises in the city any substances or debris which have been rendered useless or unmerchantable by reason of any fire on the premises must remove the same within forty-eight hours after notice to do so has been given by the chief of code administration to such person.
(b) Whenever any building or other structure in the city is partially burned, the owner thereof, or the person in charge or control thereof, shall, within ten days after notice from the chief of code administration, remove all refuse, debris, and partially burned lumber from the premises; and if the building or structure is burned to such an extent that it cannot be repaired, as provided by this code or the building code, the owner of the property upon which it is located, or the occupant thereof, shall, within ten days after notice from the chief of code administration, remove all the remaining portion of the building or structure from the premises.
(c) Notice is effective if hand delivered, or, in the alternative, if posted on the property and sent certified and regular mail to the owner of the property as listed in the Yakima County real property records.
(d) In the event notice is provided and the property owner fails to take the steps necessary to remove refuse, debris, partially burned lumber or anything else outlined in the notice that must be removed pursuant to this section, the city shall take such steps as are necessary, including, but not limited to, hiring a third party, to take all actions outlined in the notice. All costs and fees associated with the city taking such action shall be paid by the property owner. If the costs and fees are not paid within thirty days of receipt of an invoice, the costs and fees shall become a lien on the property and the costs of filing and recording such lien shall be added to the total amount due and owing by the property owner.
(e) Any notice may be appealed to the building code board of appeals, pursuant to the International Building Code, Section 113, as adopted by reference, and as amended, in the Selah Municipal Code. During the period of appeal the property owner shall secure the building or structure to ensure that no one enters or can access the burned structure or building, at the property owner's expense.
(f) The city may allow a property owner to enter into a written consent and waiver form which waives any claims of damages, notice requirements or appeal rights, and consents to the city taking action to remove refuse, debris or partially burned lumber, or any other substances or debris needing to be removed under this section. Such consent shall also include a consent that a lien in the amount of the actual cost to remove such refuse, debris, partially burned lumber or any other substances, the costs of filing the lien, and any other costs consented to by the parties, shall be filed and recorded against the property if the city's costs are not paid within thirty days of being invoiced. (Ord. 2032 § 1 (Exh. A), 2017.)