(a) There is hereby established a Demolition Board of Appeals, which shall consist of three electors of the City appointed by the Mayor and approved by Council, for terms of three years.
(b) The Board shall annually select one of its members, to serve as Chairperson, who shall also serve as the Board's recording Secretary.
(c) Procedures, Responsibilities and Duties of the Board:
(1) Any owner, occupant, lessee, mortgagee, agent or other party in interest may, within 14 business days after notice is made pursuant to Section 1391.124, make a demand in writing to the Chief Building Official for a hearing before the Demolition Board of Appeals on the question of whether in fact an unsafe building and/or public nuisance exists as defined by Sections 1391.115 and 1391.121, and whether more than 30 days should be granted to abate the unsafe building and/or public nuisance. A hearing shall be held within 14 business days from the receipt of the written demand, and at least two days' notice of the hearing shall be given to the requesting party. The hearing shall be conducted by the Demolition Board of Appeals as set forth herein. A majority of a quorum of the Board must find that an unsafe building and/or public nuisance exists, as defined by Sections 1391.115 and 1391.121, before enforcement of the abatement is carried out. A majority of the quorum of the Board may amend or modify the notice and/or order or extend the time for compliance with portions of the abatement by such date or dates as such majority of a quorum may determine.
(2) The Board shall make written findings of fact, through its Secretary, from the testimony offered as to whether the building in question is an unsafe building and/or public nuisance within the terms of Section 1391.115 or 1391.121. The owner, occupant, lessee, mortgagee, agent or other party in interest shall be promptly notified of the Board's decision in the manner provided for in Section 1391.124. The Board's decision shall be final and conclusive unless the owner, lessee, mortgagee, agent, or other party in interest files, within the time prescribed in Ohio R.C. 2506.01, after notice of the Board's decision is effectuated, an action in, or appeal to, a court of competent jurisdiction; otherwise, the same shall become final and conclusive at the termination of such action or appeal proceeding as determined by such court.
(3) The Board's decision shall include an order, based upon findings of fact made pursuant to subsection (2) hereof, commanding the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building as shown by the records of the Lorain County Recorder, to barricade, repair, vacate, and/or demolish any building found to be an unsafe building and/or public nuisance within the terms of this chapter and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said unsafe building and/or public nuisance, or, any person not the owner of said building, but having interest in said building as shown by the records of the Lorain County Recorder, may demolish said unsafe building and/or public nuisance at his own risk to prevent the attachment of a lien against the land upon which said building stands by the City as provided in subsection (4) hereof.
(4) If the owner, occupant, mortgagee, lessor or lessee fails to comply with the order provided for per subsection (3) hereof within 30 business days from the date that the first notice of the Board's order was effectuated by the Chief Building Official, under any provisions of this chapter or any rule or regulation adopted pursuant hereto, the Demolition Board of Appeals shall cause such building or structure to be barricaded, repaired, vacated, or demolished as the facts may warrant, under the standards provided for in this chapter. Upon such action by the Demolition Board of Appeals, the cost and expense of such barricading, repairs, vacation or demolition shall be certified to the County Auditor by the Safety Service Director, and the amount so certified from the date of the entry thereof shall be a lien upon the land upon which the building or structure stands or did stand. In cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, safety or general welfare of the people of the City, the Chief Building Official shall notify the Law Director to pursue legal action to compel the owner to make all necessary repairs or demolish the building.
(Ord. 2013-68. Passed 6-3-13.)