Whenever the City Manager or his designee determines that there are reasonable grounds to believe that a violation of any provision of this chapter exists, and such violation or conditions caused by the violation creates an immediate threat to the safety of persons, imminent damage to property, or otherwise has a substantial detrimental effect on the public health, safety or welfare, he or his designee shall give notice of such alleged violation to the person or persons responsible therefor. Such notice shall:
(a) Be put in writing;
(b) Include a statement of the reasons why it is being issued;
(c) Allow a reasonable time for the performance of any act it requires; and
(d) Be served upon the owners of record, the holders of legal or equitable liens of record and the occupants of such premises, provided that such notice shall be deemed to be properly served upon such persons, if a copy thereof is served upon him/her personally, or if a copy thereof is sent by certified mail to his/her last known address, or, if the foregoing are unavailable, if a copy thereof is posted in a conspicuous place in or about the building, structure or premises affected by the notice, or if he/she is served with such notice by any other method authorized or required under the Ohio Revised Code.
Such notice may:
(e) Contain an outline of remedial action which, if taken, shall effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
Such notice shall also contain the following provisions:
(f) You are hereby notified that you have a right to appeal this Order and Notice and a right to a hearing before (Name of City Official) if requested within fifteen days of service of this Notice. In order to request a hearing, you are asked to write or to call the City of Blue Ash, 4343 Cooper Road, Blue Ash, Ohio 45242, telephone 745-8500. At the hearing you may be represented by an attorney, present your arguments and contentions orally or in writing, and present evidence and examine witnesses appearing for or against you. If you do not appeal this Notice and Order within fifteen (15) days, this Order becomes a final order which is only appealable through the Court of Common Pleas of Hamilton County. YOU ARE ADVISED TO CONSULT A LAWYER.
All notices or orders shall require the owner to respond to the Chief Building Official or his designee within fifteen days of service of the notice unless another time limit is stated therein. Any notice or order may be appealed by the owner by requesting a hearing within thirty days of service of the notice or order. The owner may request a hearing in writing or by telephoning the Assistant City Manager or his designee. The hearing, if requested, shall be held before the Assistant City Manager or his designee. The owner shall have the right to be represented by an attorney, to present his/her arguments and contentions orally or in writing and present evidence and examine witnesses appearing for or against him/her. Any notice or order that is not appealed within fifteen days shall become a final order which is only appealable through the Court of Common Pleas of Hamilton County. The right to appeal and to a hearing shall not delay the enforcement of any order or notice.
If at the end of the period of time allowed by the order, the owner has failed to bring the building into compliance with this Code or to take such building down and remove it, the City Manager or his designee shall be authorized at any time thereafter to proceed in accordance with the provisions of Section 1711.86.
(Ord. 2014-67. Passed 9-11-14.)