1935.07 REHABILITATION OR REMOVAL.

      (a)    Notice to Elect Whether to Rehabilitate or Remove.

            (1)    Together with the notice of public nuisance served pursuant to Section 1935.03, the owner of a public nuisance shall be served by the Director with a "Notice to Elect Whether to Rehabilitate or Remove" the public nuisance.

            (2)    Within thirty (30) days of the receipt of the Notice to Elect, the owner of the public nuisance shall submit a proposal to either rehabilitate or remove the public nuisance and a timetable for completing such proposal.

   (b)    Owner's Proposal to Rehabilitate.  

      (1)    The Executive Director of External Services shall examine an owner's proposal to rehabilitate to determine whether it contains a reasonable timetable in light of:

                  A.    The present condition of the structure;

                  B.    Whether the rehabilitation to be performed will:

                     (i)    In the case of a non-residential structure, bring the structure into compliance with the Non-Residential Property Maintenance Code within twelve (12) months from the owners receipt of an approval of the proposal to rehabilitate; or

                     (ii)    In the case of a residential structure, bring the structure into compliance with the Housing Code within six (6) months from the owner's receipt of an approval of the proposal to rehabilitate.

            (2)    If the Executive Director of External Services determines that the timetable for rehabilitation is reasonable and will correct all the structure's Housing or Non-Residential Property Maintenance Code violations, the Executive Director of External Services shall approve it and withhold further enforcement action against the structure so long as the owner starts the rehabilitation within thirty (30) days of the Executive Director of External Services' approval, subject to the City's building permit and Zoning Code requirements, and complies with the approved proposal to rehabilitate.

   (c)    Rehabilitation.  

      (1)    Before beginning rehabilitation following the approval of the proposal to rehabilitate, the owner of the structure shall secure any necessary building permits from the Construction Services Division.

      (2)    If the property is located within one of the City's Historic Preservation Districts, a Certificate of Appropriateness shall be required before commencing any exterior work.

      (3)    Final inspection and approval of the owner's rehabilitation efforts shall be required from the Construction Services Division and the Department of Community Development - Health Division before the structure may be reoccupied.

   (d)    Owner's Election to Remove.

      (1)    If the owner's election is for removal, the Executive Director of External Services shall approve it and withhold further enforcement action against the structure so long as the owner commences demolition within fifteen (15) days of such approval and complies with the approved proposal to demolish as provided in subsection (d)(3) hereof.

      (2)    No proposal for demolition received from an owner will be approved if it does not contain the written authorization and consent of the owner authorizing the Executive Director of External Services to arrange for the structure's demolition at the owner's expense if demolition is not completed as proposed by the owner.

      (3)    Demolition. Demolition shall be completed by the owner of a structure in compliance with the proposal approved by the Executive Executive Director of External Services.

                  A.    Before demolishing any structure or part thereof, the owner shall obtain all required demolition permits from the Construction Services Division.

                  B.    Orders to demolish shall be reviewed by City Council or, if the property is of Historic Significance, the Architectural Design Review Board. A property is deemed to be Historically Significant if it is included on the Ohio Historic Inventory or if it is located within an area designated as a Historic Preservation District, as defined in the Zoning Ordinance, Section 1126.50.

                  C.    No demolition permit shall be issued unless the following requirements are adhered to:

            (i)    For structures located within a Historic Preservation District, a Certificate of Appropriateness shall be required for the demolition.

            (ii)    The Architectural Design Review Board shall adhere to its normal and regular procedure in determining the appropriateness of the demolition as defined in the Zoning Ordinance, Section 1126.60 and the ADRB's Guidelines and Policies.

            (iii)    If the Architectural Design Review Board finds that the application does not meet the criteria of said sections, a Certificate of Appropriateness shall not be issued.

         D.    For the proposed demolition of structures on the Ohio Historic Inventory (OHI), but not located within a Historic Preservation District, the City's normal and regular policy and procedure for insuring demolition permits for structures on the OHI shall be followed.

         E.    Where Federal and/or State funds are proposed to be utilized for a demolition, a demolition permit will not be issued until any required environmental assessment(s) have been reviewed and approved by the appropriate officials and the funds are cleared for expenditure.

   (e)    Rejection of Owner's Proposal.

      (1)    If the Executive Director of External Services determines the timetable for demolition or rehabilitation is unreasonable in light of the structure's current condition, or if the Executive Director of External Services finds the proposal to rehabilitate will not bring the structure into compliance with the Housing or Non-Residential Property Maintenance Code, the Executive Director of External Services shall disapprove the owner's proposal, state the reasons therefor, and continue enforcement action.

      (2)    The Executive Director of External Services shall have the authority to assist the owner in correcting the proposal to achieve compliance with the Housing or Non-Residential Property Maintenance Code.

   (f)    Extension of Time.

            (1)    Upon the owner's written request, and for good cause shown, the Executive Director of External Services may grant an extension of time for the owner to decide whether to demolish or rehabilitate the structure, or provide an amended proposal to demolish or rehabilitate.

             (2)    Failure of the owner to obtain additional time to present an original or amended proposal to demolish or rehabilitate shall result in the City's abatement or the lessening of the severity of the public nuisance, at the expense of the owner, by rehabilitation or repair, or by removal of the public nuisance as provided in Section 1935.09.

         (Ord. 2022-4-26. Passed 4-13-22.)