CHAPTER 1389
Enforcement and Penalty
1389.01    Inspection.
1389.02    Notice of violation.
1389.03    Noncompliance with notice.
1389.04    Cases of emergency.
1389.05    Placards.
1389.06    Paying for demolition.
1389.07    Rules and regulations.
1389.08    Right of appeal.
1389.09    Appeal from decisions of the Board.
1389.99    Penalty.
CROSS REFERENCE
      Removal of unsafe structures - see Ohio R.C. 715.26(B), 715.261
   1389.01 INSPECTION.
   The Building Commissioner or his assistant is authorized to make or cause to be made inspections of all multiple family structures or premises used for rental purposes and all secondary or appurtenant structures to determine whether such structures or premises conform to the provisions of this Apartment Maintenance Code, Upon refusal to permit any inspection necessary to insure or compel compliance with this Apartment Maintenance Code, the Commissioner or his assistant shall set forth such facts in an affidavit and seek a search warrant from a court of competent jurisdiction to permit such inspection.
(Ord. 76-212. Passed 12-21-76.)
   1389.02 NOTICE OF VIOLATION.
   (a)    Whenever the Building Commissioner or his assistant finds any dwelling structure or premises, or any part thereof, to be in violation of the provisions of this Apartment Maintenance Code, the Commissioner or his assistant, shall give or cause to be given or mailed to the owner, agent or operator of such structure or premises a written notice stating the violation therein. Such notice shall order the owner, agent or operator, within a stated reasonable time, but not less than ten days, to repair, improve or demolish the structure or premises concerned. Such delivery or mailing shall be deemed legal service of notice. Warning of the existence of such notice shall be posted in a conspicuous place on the structure or premises to which it relates. No person shall remove or deface such warning notice without written permission of the Building Commissioner.
   (b)    If the person to whom a notice of violation is addressed cannot be found within Cuyahoga County after a reasonable and diligent search, the notice shall be sent by registered mail to the last known address of such person. Such mailing shall be deemed legal service of notice.
(Ord. 76-212. Passed 12-21-76.)
   1389.03 NONCOMPLIANCE WITH NOTICE.
   (a)    Whenever the owner, agent or operator of a structure fails, neglects or refuses to comply with a notice to demolish such structure, or a part thereof, or a secondary or appurtenant structure is determined by the Council after referral by the Building Commissioner to constitute a public nuisance in that it is dangerous or injurious to the public health, safety or welfare, the Council may request the Director of Law to institute legal proceedings or to take such other action as may be necessary to abate the nuisance. The Commissioner shall further give notice informing the owner, agent or operator of such determination and action. Such notice shall be given in the same manner as provided in Section 1389.02.
   (b)    The owner or owners of any such property as to which such an order or notice to repair, improve, demolish or vacate has been issued shall not sell or enter into an agreement to sell or lease such property unless such order of the Commissioner has been disclosed and displayed to the prospective purchaser or lessee, or until the owner or owners have received notice from the Commissioner of satisfactory compliance with such order or notice from the Commissioner or such order has been withdrawn or canceled.
(Ord. 76-212. Passed 12-21-76.)
   1389.04 CASES OF EMERGENCY.
   Whenever, in the opinion of the Building Commissioner, the condition of a structure or premises or part thereof, constitutes an immediate hazard to human life or health, he shall declare a case of emergency and shall order immediate vacation of the structure or premises, or part thereof.
   Such notice shall be served in the manner provided in Section 1389.02, but shall require immediate compliance.
(Ord. 76-212. Passed 12-21-76.)
   1389.05 PLACARDS.
   Whenever the Building Commissioner or his assistant orders a structure or premises, or part thereof, to be vacated, he shall cause to be posted at each entrance to such structure or premises, or part thereof, a placard warning of the existence of such vacation order. No person shall deface or remove such placard until the repairs or demolition are completed, without written permission of the Commissioner or his assistant. No person shall enter or use any structure or premises so placarded except for the purpose of making the required repairs or demolishing the structure or premises.
(Ord. 76-212. Passed 12-21-76.)
   1389.06 PAYING FOR DEMOLITION.
   Any expense or cost incurred under the provisions for demolition contained in this Apartment Maintenance Code shall be paid by the owner of the structure or premises.
   If expenses and costs of demolition are not paid by the owner of the structure or premises within thirty days after written notice from the City to do so, the expenses and costs may be recovered by an action at law or may be assessed against the lands of the owner and shall become a lien thereon, and shall be collected in the manner provided by law for assessments.
(Ord. 76-2120 Passed 12-21-76.)
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