(a) The Building Commissioner or his designee shall have cause to have made inspections of any service stations located within the City that are, or appear to be, no longer in use for the purposes described in Section 1339.01 (a) or for any other bona fide business purpose. Inspections of service stations under this section shall be made at the order of the Commissioner or his designee, upon his own initiative or upon the complaint of any person claiming to be adversely affected by the condition of a service station. Any inspector designated under this section shall have the right to enter upon and inspect any service station that is, or appears to be, no longer in use as described in this chapter. No inspector, while in the lawful pursuit of his duties, shall be subject to arrest or civil liability for trespassing while so engaged or for such cause thereafter.
(b) Whenever an inspector, upon inspecting service stations as provided in this chapter, has reasonable cause to believe that it qualifies as an abandoned service station, he shall prepare a written report of the condition of the station's building and premises. The report shall be filed immediately with the Commissioner. Upon receipt of the report, the Commissioner shall fix a place and time, not less than thirty days nor more than sixty days after receipt of the report, for a hearing before the Zoning Board of Appeals to determine whether the service station is an abandoned service station. The Board shall send written notice of the place and date of the hearing, together with a copy of the inspector's report and information that the service station may be ordered repaired or removed if determined to be abandoned, to all persons listed in the bond filed under Sections 1339.03 or 1339.04, and to all persons listed in the records of the County Recorder or County Clerk of Courts as holding a lien on the affected property. Such notice shall be sent by certified mail to the address shown on such records.
(c) In hearing the matter and deciding the issue, the Board shall consider the testimony of any persons appearing pursuant to notice, or their authorized representatives, the testimony of any witness appearing on behalf of such persons, the inspector's report or testimony or both, and any other evidence pertinent to the matter. If the Board thereupon determines that the service station is abandoned and is in such condition as to constitute a danger to the public health, welfare, safety, or morals, it shall order the satisfactory repair, or removal of the service station and its appurtenances and restoration of property, within thirty days. Notice of the findings and order shall be sent to all persons required to be notified by subsection (b) hereof in the same manner as is provided therein.
(d) If an abandoned service station is not satisfactorily repaired or removed within the thirty day period of time provided in an order made under subsection (c) hereof, the City may enter the land and complete the repair, if repairs were ordered, or remove the service station and its appurtenances, if removal was ordered, and restore the property.
(e) Any person aggrieved by an order of the Board under subsection (c) hereof, may appeal as provided in Ohio R.C. Chapter 2506 within thirty days of the mailing of the notice of the order.
(f) In the event that no persons notified as provided in subsection (b) hereof, or their authorized representatives, appear at the hearing, respond to an order of the Board or appeal within thirty days of the mailing of notice of the order as provided in this subsection, the City may proceed as provided in subsection (d) hereof.
(Ord. 131-1976. Passed 12-13-76.)