(a) Inspection and Right of Entry.
(1) The Director of Building and Zoning is authorized to make or cause to be made inspections of all nonresidential structures or premises and all secondary structures to determine whether such structures or premises conform to the provisions of this chapter.
(2) For the purpose of making such inspections the Director of Building and Zoning is authorized to enter, examine and survey of all reasonable times all nonresidential structures, premises and secondary structures. The owner of every such structure or premises shall give the Director of Building and Zoning free access to such structures or premises of all reasonable time for the purpsoe of such inspection.
(b) Notice of Violation.
(1) Whenever the Director of Building and Zoning shall find any nonresidential structure, premises or secondary structure, or any part thereof, to be in violation of the provisions of this chapter, he shall give or cause to be given or mailed by registered mail to the owner of such structure or premises a written notice stating the violation therein. Such notice shall order such owner, within stated reasonable time, to repair, improve correct or demolish such structure or premises. Such delivery or mailing shall be deemed legal service of notice.
(2) If the person to whom a notice of violation is addressed cannot be found within Franklin County after a reasonable and diligent search, then notice shall be sent by registered mail to the last known address of such person and a copy of such notice shall be posted in a conspicuous place on the structure or premises to which it relates. Such mailing and posting shall be deemed legal service of notice.
(c) Noncompliance with Notice.
(1) Whenever the owner of a structure or premises fails, neglects or refuses to comply with any notice of the Director of Building and Zoning, the Director shall issue a notice to such owner ordering the structure or premises, or part thereof, to be vacated within such time as shall be stated in such notice, but which shall be not less than ten days, except in cases of emergency, he may advise the City Attorney to institute an appropriate action at law to compel compliance or both. Such notice shall be delivered, mailed or posted in the same manner as provided in subsection (b) hereof.
(2) Whenever the owner of a structure or premises fails, neglects or refuses to comply with a notice to vacate issued by the Director of Building and Zoning, the Director may enforce the orders of such notice of vacation and cause the structure or premises, or part thereof, to be vacated in accordance with the terms of such notice.
(3) Whenever the owner of a structure fails, neglects or refuses to comply with a notice to demolish such structure, or a part thereof, or a secondary structure issued in accordance with the provisions of this chapter, and when such structure is determined by the Director of Building and Zoning to constitute a public nuisance in that it is dangerous or injurious to the public health, safety and welfare, the Director of Building and Zoning may request the City Attorney to institute legal proceedings or to take such other action as may be necessary to abate the nusiance. The Director of Building and Zoning shall further give notice informing the owner of such determination and action. Such notice shall be given in the same manner as provided in subsection (b) hereof.
(d) Cases of Emergency. Whenever, in the opinion of the Director of Building and Zoning, the condition of a structure or premises, or part thereof, constitutes an immediate hazard to human life or health, he shall declare a case of emergency and shall order immediate vacation of the structure or premise, or part thereof. Such notice shall be served in the manner provided in subsection (b) hereof, and shall require immediate compliance.
(e) Placards. Whenever the Director of Building and Zoning orders a structure or premises, or part thereof, to be vacated, he shall cause to be posted at each entrance to such structure or premises, or part thereof, a placard ordering such vacation. No person shall deface or remove such placard until the repairs or demolition are completed, without written permission of the Director of Building and Zoning. No person shall enter or use any structure or premises so placarded except for the purpose of making the required repairs or demolishing the structure or premises.
(f) Expenses and Costs.
(1) Any expense or cost incurred under the provisions for demolition contained in this chapter shall be paid by the owner of the structure or premises.
(2) If expenses and costs of demolition are not paid by the owner of the structure or premises within thirty days after written notice from the City to do so, the expenses and costs may be recovered by an action at law or may be assessed against the lands of the owner and shall become a lien thereon, and shall be collected in the manner provided by law for assessments.
(g) Rules and Regulations.
(1) The Director of Building and Zoning is authorized to adopt such written rules and regulations as may be necessary for the proper interpretation and enforcement of this chapter. Such rules and regulations shall not conflict with or waive any provision of this chapter or any other ordinance of the City. Such rules and regulations shall be submitted to the Board of Zoning Appeals, for approval and no such rule or regulation shall be adopted without such approval.
(2) Such rules and regulations, upon approval of such Board of Zoning Appeals shall be on file with the Director of Building and Zoning and at City Hall for public examination. Each rule and regulation shall be posted, as ordinances are posted, upon its original adoption and approval by the Board.
(h) Appeal. The owner of a structure or premises shall have the right to appeal to the Board of Zoning Appeals of the City from any order of, or written notice issued by, the Director of Building and Zoning, within thirty days from the date such order was issued or notice was given or mailed, and to appear before the Board at a time and place fixed by the Board, to show cause why he should not comply with such order or notice. Such appeal must be in writing. Failure to file a written appeal with the Board within the time prescribed herein shall constitute a waiver of the right to appeal. Except in cases of emergency, as set forth in subsection (d) hereof, the filing of an appeal from any such order or notice shall suspend action on enforcement of such order or notice until the appeal is acted upon by the Board.
(i) Certificate of Occupancy. The Certificate of Occupancy required by the City Zoning Ordinance.
(j) Posting of Certificate. The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Director of Building and Zoning.
(k) Fees.
(1) An application for a Certificate of Occupancy shall be accompanied by a nonrefundable fee of two dollars ($2.00) for each unit. However, the fee for any one building shall not exceed fifty dollars ($50.00).
(2) The fee for a Certificate of Occupancy issued after June 30 of any year for the remainder of such calendar year shall be nonrefundable and shall be one dollar ($1.00) for each unit. However, the fee for any one building shall not exceed twenty-five dollars ($25.00).
(Ord. 15-79. Passed 7-9-79; Ord. 92-33. Passed 12-7-92.)