(A) Examination and record of unsafe, unsanitary and damaged buildings. The Building Official shall examine every building or structure reported or observed as 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 building or structure and the nature and estimated amount of any such damage.
(B) 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 or may remove lath, plaster, boarding, earth or other cover or obstruction concealing unsuspected unsafe conditions to permit adequate inspection thereof, but the extent of such removal shall be that reasonably necessary for such inspection.
(C) Right of condemnation.
(1) When a building or structure is or hereafter shall become unsafe, substandard, unsanitary or deficient in adequate exit facilities, 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 § 109.4.1 of the OBC or the RCO as appropriate. 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 FPCO § 154.65.
(2) In the alternative, the Building Official may permit the owner to make proper repairs to the building or structure. Such repairs shall render the building or structure 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 of the property. When the option to rehabilitate a building or structure 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 Code, the Building Official may order the building or structure demolished without option of repair.
(3) A vacant building which is open at door, window or other openings, shall conclusively be deemed a fire hazard, unsafe, and abandoned, as described in FPCO § 153.05, unless it is permanently closed and protected in an approved manner. Notwithstanding that a vacant building may be permanently closed and protected; the Building Official may nevertheless order demolition in accordance with this section and § 109.4.1 of the OBC or the RCO, as appropriate.
(D) Unsafe building orders.
(1) If an unsafe, substandard or unsanitary condition is found in a building or structure, the Building Official shall serve on the owner, or owners of record, agent or person in control of the building or structure a written order hereinafter referred to as an "unsafe building order". Such order shall designate the building or structure, describing the repairs or improvements required to render the building or structure or its equipment or service facilities safe, secure and/or sanitary, ordering that such repairs or improvements be made or that the building or structure or equipment or service facilities 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 building order.
(2) Service of the written "Unsafe Building Order" shall be by certified mail return receipt requested directed to the last known address of the owner, agent and person in control of such unsafe building in accordance with § 109 of the OBC or RCO.
(E) Posting unsafe building orders. If neither the owner, agent or person in control of such unsafe building or structure can be found within the city after reasonable diligent search, the unsafe building 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 building or structure; and each procedure shall be deemed the equivalent of personal notice or service.
(F) Required response to order. The person upon whom the unsafe building order is served is required to give notice, in writing, to the Building Official within ten days of receipt of such order, stating whether he/she intends to comply with the unsafe building order. If the order is in the alternative, as to repair or demolition, he shall indicate what action he/she intends to take.
(G) Appeals.
(1) The owner of any building or structure against which an unsafe building order has been issued and served under this section, shall have the right to appeal such order as provided under § 152.17(J) and R.C. § 3781.031.
(2) Such appeal shall be presented in writing within 30 days after service of such unsafe building order, but shall not operate to stay any emergency action or the performance of any emergency work on such building or structure which the Building Official deems immediately necessary as provided under § 152.26; 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).
(H) Disregard of unsafe building order. Upon refusal of the person on whom an unsafe building 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 building or structure, equipment or service facilities in violation of the unsafe building 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.
(I) Discontinuance of service.
(1) The Building Official shall furnish a copy of all unsafe building orders to the public utilities serving that building or structure which services may be affected by the condition responsible for said order, and shall make thereon a request that service being furnished the building or structure by said utility be discontinued when, in his opinion, the continuance of said service will constitute a hazard to the public.
(2) Upon receipt of said copy of notice and the request thereof, the supplier of such service is authorized to discontinue its supply at the meter serving the designated portion of the building or structure. Such utility service may be reconnected upon certification by the Building Official that an inspection has been made, that the hazardous conditions have been corrected and that the affected service installation has been brought into substantial compliance with the requirements of the Code.
(J) No liability upon public utilities or public authorities. No liability shall be imposed upon any public service authority for failure to render service or for disconnecting service to any building where such disconnection is based on the non-issuance of a permit and/or certificate of approval by the Building Official, or upon an order of the Building Official to disconnect such service.
(K) Demolition by the city. In the event that the owner of a building or structure is unwilling or unable to comply with a requirement for demolition or rehabilitation specified in an unsafe building order, the Building Official shall proceed with the demolition in accordance with this section.
(1) Buildings subject to demolition. A building or structure shall be subject to demolition by the Building Official whenever:
(a) The building or structure has been deemed to be unsafe as defined in § 152.30, and the provisions of divisions (A) through (G) of this section have been exhausted, and the building or structure has not been either brought into compliance with the FPBC or razed by the owner;
(b) The building or structure is at risk of imminent collapse; or
(c) The building is declared a nuisance in accordance with R.C. Chapter 3767, or FPCO § 153.05.
(2) Administrative procedures. The Building Official shall establish procedures and timelines to standardize Building Department actions whenever the Building Official becomes aware of a building or structure which is or may become subject to demolition by the City. These procedures shall be consistent with §§ 109 and 110 of the OBC or RCO, 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 building or structure shall include, at a minimum, the following:
(a) Prepare a report of inspection and evaluation for condemnation over the signature of the Building Official;
(b) Obtain statement of departmental evaluation of property conditions and activities from the Fire, Police, Community Development and/or Public Works Departments;
(c) Obtain a true search for the property from a title search company;
(d) 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;
(e) Schedule a public hearing to determine whether the building or structure constitutes a public nuisance such that it should be demolished;
(f) Send notices of the public hearing to all known parties with an interest in the property, and to others as appropriate, by certified mail not less than 30 days prior to the public hearing;
(g) Post a copy of the Notice of Public Hearing on the subject premises not less than 30 days prior to the public hearing;
(h) Publish the Notice of Public Hearing in a local newspaper at least once a week for three consecutive weeks prior to the public hearing;
(i) Conduct the public hearing by the Board of Building Appeals in accordance with R.C. Chapter 119;
(j) 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:
1. Present the party's position, arguments, and contentions;
2. Offer and examine witnesses and present evidence in support;
3. Cross-examine witnesses purporting to refute the party's position, arguments, and contentions;
4. Offer evidence to refute evidence and testimony offered in opposition to his position, arguments, and contentions;
5. Proffer any such evidence for entry into the record, if the Building Department Director has previously not entered it into the record;
(k) If, from the evidence received at the public hearing, the Board of Building Appeals concludes:
1. The city has exhausted reasonable efforts to cause the building to be brought into compliance with the FPBC; and
2. The subject building 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 herein;
(l) 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;
(m) Obtain City Manager determination of city intent to demolish;
(n) Obtain a City Council resolution to affirm the City Manager's intent to cause demolition of the property;
(o) Obtain at least three bids from demolition contractors to demolish the structure and restore the property to a safe condition;
(p) Notify the demolition contractors of the winning bid, and negotiate a contract, with specifications, for the work to be accomplished;
(q) Proceed with demolition if there is no appeal of the notice of intent to demolish within 30 days of the notice of intent to demolish.
(3) 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:
(a) The subject building 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
(b) The owner has applied for and obtained an administrative stay pursuant to division (K)(4) of this section.
(4) Administrative stay. The owner of any building subject to demolition under the above administrative procedures may apply to the Building Official for a stay of the demolition. The owner shall give to the City Treasurer a bond in the amount equal to the costs of demolishing the building or restoring the premises to a safe condition, as estimated by the Building Official. The administrative stay shall be conditional upon the owner's causing the subject building to be brought into compliance with the FPBC. 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 building to be brought into compliance with the FPBC. If the owner fails to bring the building into compliance with the FPBC within the period of the stay, the bond shall be forfeited. The owner may otherwise obtain a permit to either demolish or rehabilitate the building or 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 then proceed with the condemnation and demolition process to demolish the building and restore the premises to a safe condition, free from any public nuisance, and certify the costs incurred to the City Treasurer for payment from the proceeds of the forfeiture.
(L) Payment of insurance proceeds following a fire loss. No insurance company doing business in the city shall pay a claim of a named insured for fire damage to a structure located within the city unless the procedures set forth herein are fully satisfied.
(1) If the fire loss otherwise payable to a named insured, as determined or agreed to by the named insured or insureds and the company or companies issuing fire loss policies, equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure, the company or companies shall transfer from the insurance proceeds to the City Manager in the aggregate $2,000 for each $15,000, and each fraction of that amount, of a claim or, if, at the time of a proof of loss determined or agreed to between the named insured or insureds and insurance company or companies, the named insured or insureds have submitted a contract or signed estimate of the cost of removing, repairing or securing the building or other structure, shall transfer from the insurance proceeds the amount specified in the estimate.
(2) The transfer of proceeds required herein shall be on a pro rata basis by all companies insuring the building or other structure. Policy proceeds remaining after the transfer of funds to the municipal corporation shall be disbursed in accordance with the policy terms.
(3) The named insured or insureds may submit a contract or signed estimate of the cost of removing, repairing or securing the building or other structure after the transfer of funds required by division (L)(1) of this section. If so, the City Manager shall return the amount of the fund that exceeds the estimate given by the named insured or insureds, provided that the city has not commenced to remove, repair or secure the building or other structure. If the city has begun any such removal, repair or security of the building or other structure, then the city shall be entitled to retain that portion of the funds to fully pay the estimate and also all expenses previously incurred by the city.
(4) Upon receipt of the proceeds required herein, the City Manager shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing any building or structure as incurred by the city pursuant to R.C. § 715.261.
(5) Upon the receipt from an insurance company of the name and address of the named insured or insureds, the city shall notify by certified mail the named insured or insureds that the insurance proceeds have been received by the city, and that the following procedures will be followed:
(a) The fund received shall be returned to the named insured or insureds when the repairs, removal or security of the building or other structures have been completed, and written proof received by the City Manager, if the city has not itself incurred any cost for the repairs, of removal or securing.
(b) The city will be reimbursed from this fund any amounts it has incurred for the cost to repair, remove or secure, in full or in part, any damaged building or structure for which the fund monies were received.
(c) The amount of monies held in the fund that are not needed to reimburse the city for costs incurred shall be returned to the named insured or insureds no later than 60 days after the City Manager receives the written proof of repairs.
(6) Nothing in this section shall be construed to limit the ability of the city to recover any deficiency under R.C. § 715.261.
(7) Nothing in this section shall be construed to prohibit the city and the named insured or insureds from entering into an agreement that permits the transfer of funds to the named insured or insureds if some other reasonable disposition of the damaged property has been negotiated.
(M) Disposition of personal property. With respect to a determination that a building is unsafe pursuant to this division (M) the notice provided to any owner, occupier or person with interest in the building structure or equipment proposed for demolition shall, when applicable, include language indicating that all personal property in, around, or in any way upon the entire real estate subject to the demolition order shall be removed or otherwise disposed of by the owner, occupier or other person or entity of interest within 30 days after service of the notice of demolition. If said property is not removed or otherwise disposed of, the city will have the sole discretion to remove or dispose of said properly. Any cost associated with the city's removal or disposition of said property shall be charged to the owner, occupier and/or person or entity of interest in said property as is the cost of demolition. There shall be no liability imposed upon the city or any of its employees, representatives, agents or contractors for the removal, disposition or sale of the personal property if the owner, occupier or person or entity with an interest in the real estate at issue fails to remove or otherwise dispose of personal property within 30 days after service of the notice of demolition.
(Ord. 24-2019, passed 8-5-19)