(a) The Owner of any vacant building or structure shall keep such building or structure secure from entry through open or unlocked windows, doors, or other voids in the walls or roof of such building or structure.
(b) If the Owner of a vacant building or structure does not maintain the windows, doors, walls or roof of such building or structure as originally designed, then the Owner shall keep such building or structure secured in accord with all of the following requirements:
(1) All windows, doors, openings, or holes in the structure shall be covered with minimum one-half inch (½") weather protected, CDX plywood tightly fitted to the exterior of the opening.
(2) The CDX plywood shall be attached with appropriate length galvanized bolts or two inch (2") galvanized screws, and shall be painted to be compatible with the exterior of the structure.
(3) The roof and flashing shall be sound, tight, and not have defects that admit water. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. The use of sheets of plastic or tarpaulins or similar materials does not satisfy the requirements of this subparagraph.
(c) Whenever the Zoning Inspector finds a vacant building or structure open to entry at doors, windows or other points accessible to the general public the Inspector shall cause a written notice (notice to secure) to be served on the Owner as provided in Section 1386.05. In this Section 1386.05 the notice to secure shall identify the building or structure and inform the Owner of the open conditions that the Owner must correct. If the Inspector finds dangerous or hazardous conditions, the notice to secure shall so state and provide that a list of those conditions may be obtained from the Zoning Department.
(d) If, after notice, the Owner of a vacant building or structure open to entry at doors, windows or other points accessible to the general public fails to secure the building or structure, the Zoning Inspector may cause the building or structure to be secured as required by law.
(e) The notice to secure shall order the Owner to inform the Zoning Department of his intentions regarding the building or structure within fifteen days of the date of service by mail of the notice, or within fifteen days of the date specified in the notice by publication. If the Owner intends to maintain or rehabilitate the building or structure, he shall obtain from the Zoning Inspector a code compliance waiver within the fifteen day period specified above, on the. payment of a fee of twenty-five dollars ($25.00) and submitting a written commitment to correct the stated open conditions and dangerous or hazardous conditions, if present. The waiver shall be valid for a period of ninety days from the issuance. The twenty-five dollar ($25.00) fee may not be waived.
(f) If the open or dangerous or hazardous conditions are not completely corrected at the end of the ninety day period, the Owner may apply for a second code compliance waiver on a payment of a fee of twenty-five dollars ($25.00) in addition to the payment of the fee for the initial waiver. No second waiver shall be issued unless the Owner has made substantial progress to eliminate the open or dangerous or hazardous conditions that exist on the premises. The second waiver shall be valid for a period of ninety days from date of issuance and during this period of time the Owner shall correct all of the remaining open or dangerous or hazardous conditions. No more than two code compliance waivers shall be issued for a building or structure.
(g) (1) If the Owner does not inform the Zoning Department of his intentions regarding the building or structure as required in subsection (e) hereof and has not obtained a code compliance waiver, within fifteen days of the date of the notice to secure, or
(2) If the Owner has obtained a code compliance waiver but has not completely corrected all of the open or dangerous or hazardous conditions within the ninety day time period of the waiver, or within the additional ninety day period if a second waiver is issued, the building or structure will become subject to the provisions of Section 1386.04 through 1386.09, which may result in demolition of the building or structure and all costs incurred will be charged to the Owner, or, the matter may be referred to the Village Solicitor for enforcement of the provision of the housing chapter. Notwithstanding the foregoing, if the building is "subsidized housing," any additional proceedings shall be pursuant to Ohio Rev. Code Section 3767.41.
(Ord. 2009-08. Passed 4-6-09.)
(Ord. 2009-08. Passed 4-6-09.)