CHAPTER 1395
Enforcement and Penalty
1395.01   Inspection.
1395.02   Notice of violation.
1395.03   Noncompliance with notice.
1395.04   Cases of emergency.
1395.05   Placards.
1395.06   Paying for demolition.
1395.07   Rules and regulations.
1395.08   Right of appeal.
1395.99   Penalty.
CROSS REFERENCES
      Removal of unsafe structures - see Ohio R.C. 715.26(B), 715.261
   1395.01 INSPECTION.
   The Building Commissioner is authorized to make or cause to be made inspections of all structures or premises used for business purposes and all secondary or appurtenant structures to determine whether such structures or premises conform to the provisions of the Business Maintenance Code. Upon compliant of any inhabitant of the City or upon refusal to permit any inspection necessary to insure or compel compliance with this Business Maintenance Code, the Building Commissioner shall set forth such facts in an affidavit and seek a search warrant from a court of competent jurisdiction to permit such inspection.
(Ord. 99-033. Passed 2-2-99.)
   1395.02 NOTICE OF VIOLATION.
   (a)    Whenever the Building Commissioner finds any structure or premises or any part thereof, to be in violation of the provisions of this Business Maintenance Code, the Commissioner 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.
   (b)    If the person to whom a notice of violation is addressed cannot be found within Cuyahoga County after a reasonable and diligent search, then notice shall be sent by registered mail to the last known address of such person, and 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 Commissioner. Such mailing and posting shall be deemed legal service of notice.
(Ord. 75-82. Passed 9-2-75.)
   1395.03 NONCOMPLIANCE WITH NOTICE.
   (a)    Whenever the owner, agent, occupant or operator of a structure or premises fails, neglects or refuses to comply with any notice of the Building Commissioner, the Commissioner may issue a notice to such owner, agent, occupant or operator ordering the structure or premises, or part thereof, to be vacated within such time as shall be stated in such notice, but which shall be not less than ten days, except in cases of emergency, or he may advise the Director of Law of the circumstances and request the Director of Law to institute an appropriate action at law to compel compliance, or both. Such notice shall be delivered, mailed or posted in the same manner as provided in Section 1395.02.
   (b)    Whenever the owner, agent, operator or occupant of a structure or premises fails, neglects or refuses to comply with a notice to vacate issued by the Building Commissioner, the Commissioner may enforce the orders of such notice of vacation and cause the structure or premises, or part thereof, to be vacated in accordance with the terms of such notice.
   (c)    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, issued in accordance with the provisions of this Business Maintenance Code, and when such structure is determined by Council upon referral of the Building Commissioner to constitute a public nuisance in that it is dangerous or injurious to the public health, safety or welfare, 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 1395.02.
   (d)    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 for longer than one year unless such order of the Building 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 other duly constituted authority or such order has been withdrawn or canceled. (Ord. 75-82. Passed 9-2-75.)
   1395.04 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 1395.02, but shall require immediate compliance. (Ord. 75-82. Passed 9-2-75.)
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