If, after notice and hearing, the Inspector determines that the non-residential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards as established by the Board of Commissioners, the Inspector shall state in writing the findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order. The order may require the owner to take remedial action, within a reasonable time specified, subject to the procedures and limitations herein.
(A) An order may require the owner to repair, alter, or improve the non-residential building or structure in order to bring it into compliance with the minimum standards established by the Board of Commissioners or to vacate and close the non-residential building or structure for any use.
(B) An order may require the owner to remove or demolish the non-residential building or structure if the cost of repair, alteration, or improvement of the building or structure would exceed 50% of its then current value. Notwithstanding any other provision of law, if the non-residential building or structure is designated as a local historic landmark, listed in the National Register of Historic Places, or located in a locally designated historic district or in a historic district listed in the National Register of Historic Places and the Board of Commissioners determines, after a public hearing as provided by ordinance, that the non-residential building or structure is of individual significance or contributes to maintaining the character of the district, and the non-residential building or structure has not been condemned as unsafe, the order may require that the non-residential building or structure be vacated and closed until it is brought into compliance with the minimum standards established by this chapter.
(C) An order may not require repairs, alterations, or improvements to be made to vacant manufacturing facilities or vacant industrial warehouse facilities to preserve the original use. The order may require such building or structure to be vacated and closed, but repairs may be required only when necessary to maintain structural integrity or to abate a health or safety hazard that cannot be remedied by ordering the building or structure closed for any use.
(Ord. 2010-O-19, passed 12-14-10)