(A) The work required by an order of the enforcement authority may be performed in the following manners.
(1) If the work is being performed under an order other than an order under § 153.03(A)(2), (A)(3) or (A)(4), and if the cost of the work is estimated to be less than $5,000, the enforcement authority or other agent may perform the work by means of its own workers and equipment owned or leased by it. Notice that the work is to be performed must be given to all persons with a substantial properly interest, in the manner prescribed in division (C) below at least ten days before the date of performance of the work by the enforcement authority. This notice must include a statement that an amount representing a reasonable estimate of the cost incurred by the enforcement authority in processing the matter and performing the work may, if not paid, be recorded after a hearing as a lien against all persons having a fee interest, life estate interest or equitable interest of a contract purchaser in the unsafe premises.
(2) If the work is being performed under an order other than an order under § 153.03(A)(2), (A)(3) or (A)(4), and if the estimated cost of this work is $5,000 or more, this work must be let at public bid to a contractor licensed and qualified under law. The obligation to pay costs imposed by § 153.09 is based on the condition of the unsafe premises at the time the public bid was accepted. Changes occurring in the condition of the unsafe premises after the public bid was accepted do not eliminate or diminish this obligation.
(3) If the work is being performed under an order issued under § 153.03(A)(2), (A)(3) or (A)(4), the work may be performed by a contractor who has been awarded a base bid contract to perform the work for the enforcement authority, or by the Town Council, acting through its enforcement authority or other governmental agency and using its own workers and equipment owned or leased by it. Work performed under an order issued under § 153.03(A)(2), (A)(3) or (A)(4) may be performed without further notice to the persons holding a fee interest, life estate interest or equitable interest of a contract purchaser, and these persons are liable for the cost incurred by the enforcement authority in processing the matter and performing the work, as provided by § 153.09.
(B) Bids may be solicited and accepted for work on more than one property if the bid reflects an allocation of the bid amount among the various unsafe premises in proportion to the work to be accomplished. The part of the bid amount attributable to each of the unsafe premises constitutes the basis for calculating the part of the costs described by § 153.09(A)(1).
(1) The name of the person to whom the order was issued;
(2) A legal description or address of the unsafe premises that are the subject of the order;
(3) A statement that a contract is to be let at public bid to a licensed contractor to accomplish work to comply with the order;
(4) A description of work to be accomplished;
(5) A statement that both the bid price of the licensed contractor who accomplishes the work and an amount representing a reasonable estimate of the cost incurred by the enforcement authority in processing the matter of the unsafe premises may, if not paid, be recorded after a hearing as a lien against all persons having a fee interest, life estate interest or equitable interest of a contract purchaser in the unsafe premises;
(6) The time of the bid opening;
(7) The place of the bid opening; and
(8) The name, address and telephone number of the enforcement authority.
(D) If the notice of the statement that public bids are to be let is served by publication, the publication must include the information required by division (C) above, except that it need only include a general description of the work to be accomplished. The publication must also slate that a copy of the statement of the public bid may be obtained from the enforcement authority.
(E) Notice of the statement that public bids are to be let must be given, at least ten days before the date of the public bid, to all persons who have a substantial property interest in the property and are subject to an order other than an order under § 153.03(A)(2), (A)(3) or (A)(4).
(F) If action is being taken under this section on the basis of an order that was served by publication, it is sufficient to serve the statement that public bids are to be let by publication, unless the enforcement authority has received information in writing that enables it to make service under § 153.15 by a method other than publication.
(Ord. 2003-T-025, passed 3-10-2003)