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1507.14 DISPERSAL OF FUNDS BY ESCROW AGENTS.
(b) Funds shall be disbursed only upon written authorization from the Fire Chief. The Fire Chief or his or her designee may authorize the release of funds as payment in full to a contractor as each violation of this Chapter is corrected if the amount due does not exceed the written estimates obtained pursuant to Section 1507.12. In the event the amount due exceeds the contractor's original written estimates, the Fire Chief or his or her designee may only authorize the release of funds to the contractor if the Fire Chief or his or her designee makes a written finding that sufficient funds will remain in the escrow account to correct all other remaining violations on the property.
(Ord. 2021-4-24. Passed 4-14-21.)
1507.15 DEMOLITION ESCROW.
(a) The Owner of a residential, commercial, or industrial building on Vacant Property which is slated to be demolished pursuant to the Vacant Property Plan shall place in escrow with the City a deposit of twenty five thousand dollars ($25,000.00)for a building under 5,000 square feet in size, or seventy five thousand dollars ($75,000.00) for a building 5,000 square feet or more, unless a fire escrow is being administered by the City of Hamilton’s Fire Division, in which case the Owner shall comply with all requirements and orders of that Division.
(b) If the amount to be placed in escrow under this section cannot be paid in full, the City shall place a lien on the property for the amount specified. The City shall use escrowed funds to complete the plans submitted by the Owner in the event the Owner does not comply with the Vacant Property Plan. Escrowed funds may, by prior arrangement, be withdrawn during construction as follows: twenty percent (20%) upon commencement of work; twenty percent (20%) upon completion of half of all work; and the remaining sixty percent (60%) upon completion of all work, including debris disposal, backfill and seeding. Unused escrow funds will be released upon completion of the work or transfer of ownership, provided that all fees have been paid in full. New owners must sign the Vacant Property Plan and accept responsibility in writing for completing the demolition.
(Ord. 2021-4-24. Passed 4-14-21.)
1507.16 EFFECTING COMPLIANCE.
(a) In the event the Owner, Authorized Agent or Person in Control fails to comply with a Notice of Violation issued in accordance with Section 1507.11, within the period of time stipulated therein, the Fire Chief shall give notice to the Code Official or Chief Building Official or his or her designee that the Vacant Property is open and unsecure. The Code Official or Chief Building Official may proceed with any requirements of Section 1507.10 to secure the property. If the City completes such abatement work, upon completion of the work, the City department performing the work shall determine all costs associated therewith, including registration fees, with costs of labor charged at a rate of one hundred and fifty dollars ($150.00) per hour; provided, however, there shall be a minimum fee of not less than one hundred dollars ($100.00). In the event the City is required to employ outside services for the abatement work, the fee shall be the actual costs of the contract plus fifteen percent (15%) for administrative costs incurred by the City.
(b) The total abatement costs, inclusive of the registration fee, shall be forwarded by the Fire Chief to the Finance Director of the City, who shall certify the costs, together with the parcel number or another proper description of the lands on which the abatement activities occurred, the date the costs were incurred for each abatement activity and the name of the Owner of record at the time the costs were incurred to the County Auditor who shall place the costs as a charge upon the tax list and duplicate. The costs are lien upon the Vacant Property from and after the date the costs were incurred. The costs shall be collected as other taxes and returned to the City. (Ord. 2021-4-24. Passed 4-14-21.)
1507.17 APPEALS.
Any person aggrieved by an order of the Fire Chief or the decision of the Division of Fire denying approval to a Vacant Property Plan may file an appeal with the Nuisance Appeals Board in the manner and within the time limitations provided for in Section 1905.26 of the City of Hamilton Codified Ordinances.
(Ord. 2021-4-24. Passed 4-14-21.)
1507.18 INTERPRETATION OF CHAPTER.
This Chapter is solely applicable to vacant residential, commercial, and industrial properties. Should any other provisions of the City of the Hamilton Codified Ordinances conflict or overlap with the provisions of this Chapter, the provisions of this Chapter shall control with respect to the abatement of nuisances on and registration of vacant residential, commercial, and industrial properties, as well as nuisance abatement activities related to securing, remedying, repairing and removing such properties and/or hazardous conditions thereon. This Chapter shall not, in any manner, abrogate any of the other provisions of the Codified Ordinances of the City of Hamilton pertaining to the abatement of public nuisances or unsafe buildings on any other type of property. Sections 1937.05 and 1937.06 of the Non-Residential Property Maintenance Code set forth in Chapter 1937 of the City of Hamilton Codified Ordinances are expressly deemed not to conflict with the provisions of this Chapter 1507 and shall continue to be applicable to vacant commercial and industrial properties; provided, however, that a Vacant Property shall not be required to comply with any Non-Residential Property Maintenance Code ordinances from which the property is declared to be exempt in a Vacant Property Plan approved pursuant to Section 1507.09 herein.
(Ord. 2021-4-24. Passed 4-14-21.)
1507.99 PENALTY; EQUITABLE REMEDY.
(a) Whoever violates or fails to comply with any of the provisions of this Chapter is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). A separate offense shall be deeded committed each day during or on which a violation or noncompliance continues.
(b) The application of the penalty provided in subsection (a) herein shall not preclude the City from enforcing its rights to remove, repair and/or remedy the prohibited conditions, or enforce any other rights it may have, or seek any other remedies it may be entitled to, in law or in equity. (Ord. 2021-4-24. Passed 4-14-21.)
CODIFIED ORDINANCES OF HAMILTON