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The committee referred to in Section 1482.03 shall examine or cause to be examined any building or other structure, or a portion thereof, reported as dangerous or damaged and, if found to be an unsafe building, the City shall give written notice to the owner, lessee, agent or person in charge of such building or other structure, stating the action to be taken and the reason for the same. Written notice may be given to such person personally or by registered or certified mail at the last known address of such person. The notice shall require the owner, lessee, agent or person having charge of such building or other structure to complete the repairs or improvements or to demolish and remove such unsafe building or other structure, or a portion thereof, within 120 days from receipt of the notice. If, however, in the opinion of the committee, the need is urgent, after approval by the committee and the Mayor, the committee may order such changes to be made in a lesser period of time.
Such notice may also require the building or other structure, or a portion thereof, to be vacated forthwith and not reoccupied until the specified repairs or improvements have been made, inspected and approved by the committee. In such cases, the committee may cause a written or printed notice to be placed on the dangerous or unsafe premises as a warning to the public.
Such order to vacate shall be in writing and served upon the owner, lessee, agent or person in control of such building or other structure, stating the reason for the order of vacation and directing that the building or other structure, or a portion thereof, be vacated within a specified time. Whenever the committee deems it necessary, a notice of such vacation shall be posted in a conspicuous place on the building.
After the posting of such order of vacation, no person shall occupy or permit the occupancy of the premises or any portion thereof until the provisions of this chapter and the orders issued by the committee have been fully complied with.
When it appears to the committee that the reasons for the order of vacation have ceased, the building is safe for occupancy and the orders of the committee have been complied with, the committee shall issue a notice of compliance. All posted notices to vacate shall be removed from the premises by the committee.
(Ord. 84-62. Passed 6-13-62.)
If the owner, lessee, agent or person in charge of a property refuses or neglects to comply with an order of the committee, as to a building to be repaired, improved, demolished or removed, according to the orders of the committee, as provided in Section 1482.04, the City may elect to enter upon such property and furnish such labor and material as are necessary to make such building or structure safe, or to demolish such unsafe building or structure, and the cost and expense of the same may be certified to the County Auditor. The amount so certified, from the date of certification to the County Auditor, shall become a lien upon the property and shall be collected as other taxes.
(Ord. 84-62. Passed 6-13-62.)
(a) There is created a Fire Insurance Trust Fund which shall be maintained separately from all other city funds as a trust fund for the purposes hereinafter enumerated.
(b) For the purposes specified in R.C. § 3929.86, the fiscal officer of the city is designated as the Finance Director to administer the Fire Insurance Trust Fund.
(c) In the event of any loss by fire within the city occurring after the effective date of this section when the amount of the loss agreed to between the named insured or insureds and the company or companies insuring the loss equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure insured, the insurance company or companies in accordance with R.C. § 715.26 (F), shall transfer from the insurance proceeds to the fiscal officer of the city in the aggregate $2,000 for each $15,000, and each fraction of that amount, of a claim, or, if at the time of a proof of loss agreed to between the named insured or insureds and the insurance company or companies the named insured or insureds have submitted a contractor’s signed estimate of the costs of removing, repairing, or securing the building or other structure, shall transfer from the insurance proceeds the amount specified in the estimate.
(1) Such transfer of proceeds shall be on a pro rata basis by all companies insuring the building or other structure.
(2) The named insured or insureds may submit a contractor’s signed estimate of the costs of removing, repairing, or securing the building or other structure after the transfer, and the fiscal officer of the city shall return the amount of the fund in excess of the estimate to the named insured or insureds, provided that the city has not commenced to remove, repair, or secure the building or other structure.
(d) Upon receipt of proceeds by the city as authorized by this section and R.C. § 3929.86, the fiscal officer of the city shall place the proceeds in the Fire Insurance Trust Fund to be used solely as security against the total cost of removing, repairing, or securing incurred by the city pursuant to R.C. § 715.261. When transferring the funds as required by this section an insurance company shall provide the fiscal officer of the city with the name and address of the named insured or insureds, whereupon the fiscal officer of the city or his or her designee shall contact the named insured or insureds, certify that the proceeds have been received by the city, and notify them that the following procedures will be followed:
(1) The fund shall be returned to the named insured or insureds when repairs or removal, or securing of the building or other structure have been completed and the required proof received by the fiscal officer of the city, if the city has incurred any costs for repairs, removal, or securing of the buildings or other structure, such costs shall be paid from the fund and if excess funds remain, the city shall transfer the remaining funds to the named insured or insureds. Nothing in this section shall be construed to limit the ability of the city to recover any deficiency under R.C. § 715.261.
(2) Nothing in this section shall be construed to prohibit the city and the named insured or insureds from entering into an agreement that permits the transfer of funds to the named insured or insureds if some other reasonable disposition of the damaged property has been negotiated.
(e) In accordance with the provision of R.C. § 3929.86, the Clerk of Council is directed to file a certified copy of this section with the Superintendent of Insurance of the state.
(Ord. 94-17. Passed 11-13-17.)
(EDITOR'S NOTE: See Section 1440.99 for general Building and Housing Code penalty if no specific penalty is provided.)