Skip to code content (skip section selection)
Compare to:
Loading...
1323.01 DEFINITION OF UNSAFE BUILDINGS.
   All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to health by reason of inadequate maintenance, dilapidation, or obsolescence, are for the purpose of this chapter "unsafe buildings." All such unsafe buildings are declared to be public nuisances which shall be abated by repair or rehabilitation or by demolition in accordance with the procedure of this chapter.
(Ord. 29-94. Passed 5-9-94.)
1323.02 INSPECTION AND CITATION TO OWNER.
   The Service Director shall examine or cause to be examined every building or structure or portion thereof reported as or believed to be an unsafe building as defined in Section 1323.01. The Service Director shall issue a citation to the owner or owners of record, including any purchaser under a recorded land contract. The citation shall specifically state the defects which cause the building to be unsafe. It shall also state that work must commence within 30 days (except in an emergency), either to complete specified repairs or improvements or to demolish and remove the building or structure, or portion thereof, leaving the premises in a clean, safe and sanitary condition. In cases of emergency making immediately repairs necessary, the Service Director may order the changes or demolition to be commenced within a shorter period than 30 days. The citation shall advise the owner that failure to remedy the conditions specified may result in condemnation proceedings. The final clean, safe and sanitary condition shall be subject to the approval of the Service Director.
(Ord. 29-94. Passed 5-9-94.)
1323.03 SERVICE OF CITATION.
   Proper service of this citation shall be by personal service, residence service or by certified mail (return receipt requested), provided, however, that such citation shall be deemed properly served if a citation thereof is sent by certified mail to the County Auditor's tax-mailing address of the owner or owners of record, including any purchaser under a land contract. If none of the parties can be located, or if none of the parties' addresses can be ascertained, then this citation shall be deemed to be properly served if a copy thereof is placed in a conspicuous place on or about the building or structure affected by this citation. If such citation by certified mail, the 30 day period within which the owners are required to comply with the order of the Service Director shall begin as of the date when the return receipt is signed by any of the above-specified parties or by a member of the addressee's family.
(Ord. 29-94. Passed 5-9-94.)
1323.04 NOTICE OF VIOLATION FOR RENTAL PROPERTY.
   Whenever the residential property is a rental property, the City, in addition to the citation required to be sent to the property owner, shall post the following notice conspicuously on the property as well as mail a copy to each residential unit at the property. The notice shall include the following:
   (a)    Name and address of the property owner;
   (b)    The violations which are alleged;
   (c)    The date by which the property owner is required to repair the conditions;
   (d)   A warning that failure of the property owner to repair the conditions may result in condemnation proceedings; and
   (e)    Notice to the occupants that they may have the rights under Ohio R.C. 5321.07 to force the property owner to make the required repairs and if they have any questions concerning their rights they should contact a private attorney or, if they are low income, contact legal aid at 1-800-686-3668.
      (Ord. 29-94. Passed 5-9-94.)
1323.05 RIGHTS TO HEARING.
   The owner of record, or the purchaser under a land contract, may, within ten (10) days after completion of service of citation of unsafe building, make a demand in writing to the Service Director for a hearing on the question of whether an unsafe building, as defined in Section 1323.01, exists. The hearing shall be held within ten (10) days following receipt of this written demand, and at least two (2) days notice in writing of the hearing shall be given to the owner of record or the purchaser under a land contract. The hearing shall be conducted by a hearing board composed of the Mayor, the President of Council, and the City Law Director. All members of the hearing board must concur that an unsafe building, as defined in Section 1323.01, exists before enforcement of the abatement as provided in Section 1323.07 is carried out. A copy of the decision of the hearing officers shall be promptly served upon the owner of record or the purchaser under a land contract in the manner provided for in Section 1323.03.
(Ord. 29-94. Passed 5-9-94.)
Loading...