(A) Enforcement Officer. The Building Official of the village or his/her authorized representative will enforce this subchapter.
(B) Relief from personal responsibility. The Building Official or other employees, elected officials or officers of the village charged with enforcement of this subchapter, while acting for the village within the scope of their duties and responsibilities, shall not be held personally liable for their actions in enforcing or enacting this subchapter and are relieved of personal liability for any damages to persons or property as a result of a lawful act required or permitted in the discharge of their duties or responsibilities. The Village Solicitor or other counsel appointed by the Village Council will defend against any suit filed against the Building Official or other official resulting from acts performed or the enactment of this subchapter until final disposition of the suit. The Building Official or other village officials shall not be liable for the cost or damages, provided they have acted in good faith.
(C) Inspection of dwellings. The Building Official or village representative may make or cause to be made inspections to determine the condition of dwellings, dwelling units or premises thereof in order to safeguard the public health, safety, morals or welfare.
(D) Notice of violation.
(1) Whenever the Building Official or village representative cites a violation or finds reasonable grounds to believe that a violation of any provision of this subchapter exists, he or she will so notify the alleged violation in writing. The notice will specify the alleged violation, will provide a reasonable time for compliance, and will be served upon the violator or his/her agent. The notice is deemed to be properly served if:
(a) A copy is served upon the owner, agent, operator, or occupant, personally, if the notice is sent by registered or certified mail, return receipt requested, to the last known address of the owner, agent, operator or occupant.
(b) If a copy is left at the residence of the owner, agent, operator or occupant. By other method authorized by state law.
(c) If the owner, agent, operator or occupant of the subject premises is unknown, then a copy of the notice and order shall be mailed, addressed to such person, to the address of the subject premises.
(2) The failure of any person to receive actual notice will not affect the validity of proceedings taken under this section. Service by certified, registered or ordinary mail will be effective on the date of mailing. The notice shall inform the person to whom it is directed of his right to apply for a hearing before the Planning Commission.
(E) Final order. Any notice of violation provided for in division (D) of this section shall become a final order if written request for a hearing is not held in the office of the Building Code Official or his or her designated representative within ten days after receipt. A copy of the order shall be served as provided in division (D) of this section. If the property owner fails to comply with the final order, the Building Official may take any action necessary, including contracting with outside resources to bring the property into compliance with the code. The cost associated with abating the violation shall be paid from the general fund of the village. The costs of abating the (dangerous property condition what falls under this) shall be collected from the property owner in accordance with R.C. § 715.261.
(F) Demolition as compliance. Any owner of a building, receiving notice of violation stating that such building does not comply with the provisions of this subchapter, may demolish such building, and such action shall be deemed compliance. Demolition of buildings and structures shall be in accordance with the provisions of the Building Code.
(G) Re-inspection. At the end of the period specified in the notice of violation or any extension thereof, the Building Code Official or his or her designated representative will make or assign a re-inspection of the dwelling, dwelling unit, or premises, and if compliance has not been established, will initiate appropriate legal action as specified, provided that additional notice of violation is not required.
(H) Extension of compliance time. The Building Code Official may extend the compliance time specified in any notice or order issued under the provisions of this chapter at his or her discretion. The person receiving the citation may receive an extension upon request.
(Ord. 1271-13, passed 7-1-2013)