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(a) Any expenses or costs, including but not limited to attorneys fees, costs of inspection, administrative staff and support staff, property maintenance costs, court costs, title search fees, process server fees, skip tracing expenses, and costs of collection or prosecution, including discovery and deposition expenses, incurred under the provisions for demolition or boarding contained in this Housing Code shall be paid by the owner of the dwelling structure or premises.
(b) Any and all owners of a building or structure, who appear in the chain of title from the time of receipt of a notice of condemnation until demolition of the building or structure, shall be jointly and severally responsible for all costs and expenses incurred relating to the demolition and all costs and expenses of prosecution or collection related thereto.
(c) Whenever an inspection is made after the compliance date stated on a notice of violation of the Housing Code or the Zoning Code or after a compliance date determined by a court of competent jurisdiction for compliance to determine whether the violation has been remedied and the violation has not been remedied, there shall be charged a fee of fifty dollars ($50.00) for each such inspection, except that this fee shall not apply to one (1) family and two (2) family owner-occupied dwelling structures.
(d) If the owner fails to pay for the cost of demolition or boarding or of inspections of violations that have not been remedied within thirty (30) days after the receipt from the Director of Community Development of a statement of the charges and costs incurred therein, then the Director of Community Development may certify the amount to the Commissioner of Assessments and Licenses. The Commissioner shall make written return to the County Auditor of the action, under this Code, with a statement of the charges for their services, the amount paid for the performing of such labor and a proper description of the premises for the purpose of making the same a lien upon such lands, to be collected as other taxes and returned to the City with the General Fund with special accounting thereof in accordance with RC 715.261.
(e) Notwithstanding the method of collection set forth above, the Director of Law, in the Director’s sole discretion, may take any action necessary to collect the costs of demolition or boarding from the owner or other responsible party or parties, including but not limited to filing of legal proceedings, referring the amount due to outside counsel by the Law Director for collection action, including filing civil complaints, and initiating post judgment execution actions.
(Ord. No. 1519-11. Passed 11-14-11, eff. 11-16-11)
The owner, agent or person in charge of any dwelling structure shall have the right to appeal from any notice issued by the Commissioner of Housing, within the time specified in such notice for compliance therewith, and to appear before the Board of Building Standards and Building Appeals or the Board of Zoning Appeals, as the case may require, at a specified time and place to show cause why he or she should not comply with such notice. However, when an appeal is from a notice of revocation of a certificate of occupancy, such appeal shall be filed not more than thirty (30) days from the date of such notice of revocation. Failure to file an appeal within the time prescribed shall constitute a waiver of the right to appeal. Filing of an appeal from any notice of the Commissioner shall suspend action on enforcement of such notice until the appeal is acted upon by the Board of Building Standards and Building Appeals, or, in matters relating to zoning, by the Board of Zoning Appeals.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)
(a) The Director of Community Development is hereby authorized to adopt such written rules and regulations as may be necessary for the proper interpretations and enforcement of this Code. Such rules and regulations shall not conflict with or waive any provisions of this Housing Code or any other of these Codified Ordinances. Such rules and regulations shall be submitted to the Board of Building Standards and Building Appeals for approval and no such rule or regulation shall be adopted without such approval. Failure of the Board to approve, disapprove or modify such rules and regulations within ninety (90) days after submission shall be deemed to constitute approval thereof.
(b) Such rules and regulations, upon adoption, shall be published in the City Record for two (2) consecutive weeks and shall be in effect on and from fifteen (15) days after the second publication therein. Such rules and regulations shall have the force and effect of this Code and shall continue in effect until revoked by the Director with the approval of the Board or by action of Council.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)
(a) Appraiser. A person who makes an appraisement of property to determine a just and true valuation.
(b) Buyer. A party in a real property transaction who buys or purchases real property or who contracts to buy or purchase real property. Buyer includes the grantee, vendee or purchaser in a real property transaction.
(c) Escrow Agent. A person with whom the seller deposits the deed and other documents or items regarding the sale of real property until specified conditions are met.
(d) Loan Originator. A person who negotiates or arranges a mortgage loan between a person who makes or funds mortgage loans and a buyer; or who issues a commitment for a mortgage loan to a buyer; or who places, assists to place, or finds a mortgage loan for a buyer. A loan originator also includes a person who makes or funds mortgage loans.
(e) Mortgage Broker. As defined in division (G) of RC 1322.01, a person who holds him, her, or itself out as being able to assist a buyer in obtaining a mortgage and charges or receives from either the buyer or lender money or other valuable consideration readily convertible into money for providing this assistance; or a person who solicits financial and mortgage information from the public, provides that information to a mortgage broker and charges or receives from the mortgage broker money or other valuable consideration reality convertible into money for providing the information; or a person engaged in table-funding or warehouse-lending mortgage loans that are first lien mortgage loans.
(f) Real Estate Agent. A person licensed by RC Chapter 4735 to represent another in a real estate transaction.
(g) Seller. A party in a real property transaction who sells, transfers or grants real property or who contracts to sell, transfer or grant real property. Seller includes the grantor, vendor, or transferor in a real property transaction. The seller is the transferring agent if there is no escrow agent involved in the transaction.
(Ord. No. 1864-01. Passed 10-20-03, eff. 10-22-03)
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