(A) Responsibility. The owner of a structure or premises in or on which conditions addressed by the requirements of this chapter are applicable shall have the final responsibility for every violation of any provision of this chapter. However, any person, firm or corporation which performs work for which a permit is required by this chapter without first having secured a permit therefor; and, every person, firm or corporation who shall violate or assist in the violation of any provisions of this chapter, shall also be responsible and liable for such violation, and be subject to the penalties provided. Any person who misrepresents a material fact in securing a permit under the provisions of this chapter shall be in violation thereof and subject to the penalties provided.
(1) Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner's authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(2) Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the code official.
(B) Notice. The denial of any approval, or any action in response to findings of non-compliance by the Building Official shall be an adjudication order allowing the person or entity receiving an order the right to appeal within 30 days of the mailing of the order, or to comply with the order, or to otherwise be released from the order. The Building Official shall service written notice of violation of the provisions of this chapter, of violation of construction documentation approved thereunder, or of violation of a permit or certificate issued under this chapter, on the person(s) responsible for such violation or for its remedy in accordance with this section as an adjudication order, with right of appeal. The adjudication order shall require the discontinuance of illegal action or conditions, the abatement or correction of any such violation, or the taking of such action as may be necessary to achieve compliance with this chapter. In addition to the adjudication order, the Building Official may post or hand-deliver the order, including a stop work. An adjudication order is required to be issued and the time limit for appeal be expired prior to seeking any remedy, civil or criminal. Every adjudication order shall:
(1) Clearly identify the section of law or rules violated (with violations related to accessibility being clearly indicated separately).
(2) Specifically indicate which detail, installation, site work, material, device, alteration, addition, construction document, assemblages, or procedures which are necessary to be changed in order to comply with the order.
(3) Stop work orders are to be specifically limited to the work initially affected by the violation, allowing other non-affected work to continue. Stop work orders are to be issued to the owner, owner representative, and the person(s) doing the work.
(4) Include the procedure for appeal and right to a hearing if requested within 30 days of the order date. The order shall also indicate that, at the hearing, the owner may be represented by counsel, present arguments or contentions orally or in writing, and present evidence and examine witnesses appearing for or against the owner.
(5) Specify a reasonable time in which to bring the item(s) in the order into compliance.
(6) Be signed by the Building Official.
(7) Be sent by certified mail, return receipt requested, to the owner and any owner agent or representative.
(C) Response to orders. The person receiving an order shall exercise the right to appeal within 30 days of the mailing of the order, comply with the order, or otherwise be released from the order by the Building Official.
(D) Prosecution of violation. If such violation is not corrected or such order is not complied with in the time noted on the notice, and there is no appeal of the order, the Building Official shall request legal counsel of the city to institute appropriate proceedings at law or in equity to restrain, correct, abate or punish such violation of this chapter or of such order. Failure to cease work after receipt of a stop work order is hereby declared a public nuisance.
(E) Penalties. Any person who shall violate any provision of this chapter or fail to comply with any of its requirements or do any work upon or in connection with any premises or structures in violation of an approved plan therefor or a directive relating thereto made by the Building Official, or of a permit certificate issued under this chapter may be prosecuted and be subject to a fine in accordance with Chapter 156.
(1) Any person who violates any provision of this chapter or fails to comply with any of its requirements or who shall erect, construct, alter or repair, or do any work upon or in connection with any buildings or structures in violation of a plan therefor or a directive relating thereto made by the Building Official, or of a permit or certificate issued hereunder shall, in addition to any civil or administrative remedies, be subject to criminal prosecution of such conduct or omission.
(2) If the offending person or entity receive a notice pursuant to this chapter for corrective action, or to stop all work pending corrective action, and said person or entity fails to obey said notice, that person shall be charged with a violation, and such charge shall be considered a minor misdemeanor subject to a fine not to exceed $150. If two or more notices are given for the same unlawful conduct or failure to comply, said violation shall constitute a fourth degree misdemeanor subject to punishment of up to a maximum of $500 fine and 30 days incarceration. Each and every subsequent violation will be considered a separate fourth degree misdemeanor offense subject to separate charges and punishment.
(F) Unlawful continuance. Failure to cease work after receipt of an order to stop work is declared a public nuisance.
(G) Abatement. Further, as provided in R.C. § 715.30, in the event any structure or site work is being erected, constructed, altered, repaired or maintained in violation of these regulations, the attorney for the city, the Building Official, or any adjacent, contiguous or neighboring property owner who would be especially damaged by such violation, in addition to the remedies provided by law, may institute a suit for injunction, abatement or other appropriate action to prevent such violation of these regulations relating to the erection, construction, alteration, repair or maintenance of such structure.
(H) Legal action. The imposition of any fine shall not preclude the Building Official from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; or to restrain, correct, or abate a violation or to prevent an illegal act in or about any premises or to require compliance with provisions of this chapter or applicable laws, ordinances, rules, resolutions, or the order or determinations of the Building Official or the Board of Appeals, provided that the Building Official has first complied with the procedures established in this chapter.
(I) Board of Appeals. The Forest Park Board of Building Appeals shall be the appropriate body to hold public hearings and hear appeals of Building Official actions related to Chapter 154, Subchapter E. Appeals procedures shall be those identified in FPCO § 152.17.
(J) Unsafe conditions. The Building Official shall examine every property reported or observed to be damaged, dangerous, structurally unsafe, or constituting a health or fire hazard as defined in § 152.30; and he shall cause a report of such examination to be prepared and filed in a docket of unsafe or damaged structures and premises, stating the use of the structure and the nature and estimated amount of any such damage.
(1) Uncovering defects. Whenever it is established by inspection that a definite and serious hazard to safety or health may exist, the Building Official shall have the right to require the removal of cover or obstruction concealing suspected unsafe conditions to permit adequate inspection thereof; but, the extent of such removal shall be that reasonably necessary for such inspection.
(2) Right of condemnation.
(a) When a premises or structure is or hereafter shall become unsafe, substandard, unsanitary or which is or shall constitute a fire hazard, or is or shall become, in any way, dangerous to human life or public welfare, or which, by reason of illegal or improper use, occupancy or maintenance, is or shall become unsafe, it may be ordered demolished by the Building Official in accordance with this section. Such order shall be issued only after proper inspection and evaluation by the Building Official. The results of such evaluation and the professional opinion of the Building Official shall be the factors which determine the terms of the order. Demolition work shall comply with § 154.65.
(b) As an alternative, the Building Official may permit the owner to make proper repairs to remediate the hazard. Such repairs shall render the property safe and standard as deemed necessary by the Building Official and as provided in this section or any other applicable laws, ordinances or resolutions. The Building Official shall, when issuing the unsafe building order, allow the owner the choice of demolition or repair. When the option to rehabilitate a premises is accepted, the owner of the building or structure shall, within 30 days, make application for a permit to repair, or, if plans are required to obtain a permit, provide to the Building Official a letter of intent to obtain a permit prior to a date specified and approved by the Building Official. If the permit is not obtained within the time specified, or if the work is not pursued in accordance with the terms of the permit, as authorized by this chapter, the Building Official may order a structure demolished without option of repair.
(3) Unsafe structure/premises.
(a) If an unsafe, substandard or unsanitary condition is found in a structure or on the premises, the Building Official shall serve on the owner, or owners of record, agent or person in control of the premises a written order, hereinafter referred to as an "unsafe structure/premises order". Such order shall designate the structure or premises, describing the repairs or improvements required to render the premises safe, secure and/or sanitary, ordering that such repairs or improvements be made or that the premises or unsafe portion thereof be demolished, within a period also stipulated in the order not less than 30 days after by the date of the unsafe structure/premises order.
(b) Service of the written "unsafe structure/premises order" shall be by certified mail, return receipt requested directed to the last known address of the owner, agent or person in control of such unsafe building in accordance with this chapter.
(4) Posting unsafe structure/premises orders. If neither the owner, agent or person in control of such unsafe structure can be found within the city after reasonable diligent search, the unsafe premises order shall be sent to one of them by registered or certified mail directed to his last known address, and a copy thereof shall be posted in a conspicuous place on such property; and such procedure shall be deemed the equivalent of personal notice or service.
(5) Required response to order. The person upon whom the unsafe structure/premises order is served is required to give notice, in writing, to the Building Official within five days of receipt of such order, stating whether he/she intends to comply with the unsafe structure/premises order. If the order is in the alternative, as to repair or demolition, he shall indicate what action he/she intends to take.
(6) Appeals.
(a) The owner of any premises or structure against which an unsafe structure/premises order has been issued and served under this section, shall have the right to appeal such order as provided under this section.
(b) Such appeal shall be presented in writing within 30 days after service of such unsafe structure/premises, but shall not operate to stay any emergency action or the performance of any emergency work on a premises which the Building Official deems immediately necessary; nor shall such appeal be heard unless it alleges such order to be unnecessary, improper or unreasonable, and contains a statement of the specific reasons which the appellant contends support such allegation(s).
(7) Disregard of unsafe structure/premises order. Upon refusal of the person on whom an unsafe structure/premises order is served to comply therewith, or upon his failure or neglect to reply thereto stating his intention with regard thereto, or upon his use of the unsafe premises, structure, equipment, or service facilities in violation of the unsafe structure/premises order issued under this section, the proper legal official shall be advised and may institute such action in the courts as may be appropriate to compel compliance or to recover the costs of demolition by the city.
(8) Demolition by the city. In the event that the owner of a structure is unwilling or unable to comply with a requirement for demolition or rehabilitation specified in an unsafe structure/premises order, the Building Official shall proceed with the demolition in accordance with this section.
(a) Structures/premises subject to demolition. A structure shall be subject to demolition by the Building Official whenever:
1. The structure has been deemed to be unsafe as defined in § 152.30, and the provisions of this chapter have been exhausted, and the structure has not been either brought into compliance with this chapter or razed by the owner;
2. The structure is at risk of imminent collapse; or
3. The structure is declared a nuisance in accordance with R.C. Chapter 3767, or any other statute or administrative rule.
(b) Administrative procedures. The Building Official shall establish procedures and timelines to standardize Building Department actions whenever the Building Official becomes aware of a premises or structure which is or may become subject to demolition by the city. These procedures shall be consistent with this section, R.C. §§ 119.06 to 119.13, 715.26 and 715.261, and R.C. Chapters 3767, 3781 and 3791, as those provisions of Ohio law are applicable. Administrative procedures for the demolition of a structure shall include, at a minimum, the following:
1. Prepare a report of inspection and evaluation for condemnation over the signature of the Building Official.
2. Obtain statements of departmental evaluation of property conditions and activities from the Fire, Police, Community Development and/or Public Works Departments.
3. Obtain a title search for the property from a title search company.
4. Obtain a survey of the property in question from a person or company experienced in the rehabilitation of buildings to determine whether the condition of the property is a factor seriously depreciating neighborhood property values.
5. Schedule a public hearing to determine whether the structure or premises constitutes a public nuisance such that it should be demolished.
6. Send notices of the public hearing to all known parties with an interest in the property by certified mail not less than 30 days prior to the public hearing.
7. Post a copy of the notice of public hearing on the subject premises not less than 30 days prior to the public hearing.
8. Publish the notice of public hearing in a local newspaper at least once a week for three consecutive weeks prior to the public hearing.
9. Conduct the public hearing by the Board of Building Appeals in accordance with R.C. Chapter 119.
10. Witnesses must be sworn before testifying. Parties with interest in the property shall be permitted to appear and be heard in person, or be represented by an attorney, in opposition to the proposed demolition of the building, and to do all of the following:
a. Present the party's position, arguments, and contentions;
b. Offer and examine witnesses and present evidence in support;
c. Cross-examine witnesses purporting to refute the party's position, arguments, and contentions;
d. Offer evidence to refute evidence and testimony offered in opposition to his position, arguments, and contentions;
e. Proffer any such evidence for entry into the record, if the Building Department Director has previously not entered it into the record.
11. If, from the evidence received at the public hearing, the Board of Building Appeals concludes:
a. The city has exhausted reasonable efforts to cause the structure and/or premises to be brought into compliance with the FPBC; and
b. The subject structure/premises is a public nuisance under the standards of this section or because of age, obsolescence, dilapidation, deterioration, lack of maintenance or repair or any combination thereof constitutes a serious fire hazard, a serious health hazard, a substantial and unreasonable interference with the reasonable and lawful use and enjoyment of other premises within the neighborhood or a factor seriously depreciating property values in the neighborhood, then the Building Official shall proceed as further indicated here.
12. Notify all parties with an interest in the property of the Board of Building Appeals decision by certified mail, by posting the decision on the premises, and by publication at least once in the local newspaper. Again notify all parties of the right to appeal to the Court of Common Pleas.
13. Obtain City Manager determination of city intent to demolish.
14. Obtain a City Council resolution to affirm the City Manager's intent to cause demolition of the property.
15. Obtain at least three bids from demolition contractors to demolish the structure and restore the property to a safe condition.
16. Notify the demolition contractors of the winning bid, and negotiate a contract, with specifications, for the work to be accomplished.
17. Proceed with demolition if there is no appeal of the notice of intent to demolish by the day following the date of the last publication of the notice or the day following the termination of appeal right, whichever is the later date.
(K) Stay of hearing. The Building Official may stay the conduct of a hearing or continue a hearing in progress for up to 30 days if:
(1) The subject structure/premises has been sold or transferred, and if the Building Official is satisfied that its new owner has the present capacity and intent to bring the subject building and its premises into compliance with the FPBC or be taken down and removed, within 30 days or such other time as may be allowed by the Building Official; or
(2) The owner has applied for and obtained an administrative stay pursuant to division (L) of this section.
(L) Administrative stay. The owner of any structure subject to demolition under the above administrative procedures may apply to the Building Official for a stay of the demolition. The owner shall give the City Treasurer a bond in the amount equal to the costs of demolishing the structure and restoring the premises to a safe condition as estimated by the Building Official, conditioned on the owner's causing the subject structure to be brought into compliance with the FPBC or this chapter. The Building Official may grant a stay for a period not to exceed 90 days on finding that the delay in demolition will not pose an imminent peril to the public. The director may extend a stay for an additional 90 days on being satisfied that the owner is diligently causing the structure to be brought into compliance with this chapter. If the owner fails to bring the structure into compliance within the period of the stay, the bond shall be forfeited. The owner may otherwise obtain a permit to either demolish or rehabilitate the structure within 30 days of the notification of Board of Building Appeals decision, and agree to comply with the conditions of the permit. Failing an administrative stay or issuance of a building permit, the director shall proceed with the condemnation and demolition process to demolish the structure and restore the premises to a safe condition, free from any public nuisance.
(M) Emergency measures. When, in the opinion of the Building Official, there is actual and immediate risk of failure or collapse of a structure, or any part thereof, or the existence of defective equipment or service facilities such as to endanger life or health, or when any structure or part of a structure has fallen or failed, and use or occupancy of the premises, structure, equipment, service facility and/or equipment or part thereof would endanger life or health, he is hereby authorized and empowered to order and require the occupants to vacate the premises or structure, and/or to forthwith cease, desist and refrain from use or operation of the structure, equipment, service facility or part thereof which is deemed dangerous. If such order is made, he shall cause to be posted a notice to the effect that "This Structure/Premises is Unsafe and Its Use or Operation is Prohibited by Law".
(1) It shall be unlawful for any person thereafter to enter, use and/or operate such premises, structure, or any part, equipment, service facility thereof. Repair or demolition personnel may enter after notice to the Building Official and issuance of permits.
(2) Emergency work. The Building Official shall also cause such work to be done as may be necessary to render such premises, structure, equipment, service facility or part thereof temporarily safe with regard to passersby and adjacent properties, as well as to occupants, pending vacating and repair or demolition, and shall engage such labor and use or purchase materials as may be necessary to accomplish same as expeditiously as possible.
(3) Cost of emergency work or demolition. Costs incurred by the Building Official in causing emergency work or demolition to be performed under the provisions of this section shall be paid from the public moneys on his certificate; the proper legal officers may thereupon institute such action as may be appropriate to recover such funds from the owner of such structure, and such owner shall be liable for such costs, the costs of their recovery, and a 25% administrative fee.
(Ord. 25-2019, passed 8-5-19)