(a) Whenever an owner, operator or agent of a residential rental unit fails, neglects or refuses to make repairs or engage in other corrective action as called for by an order or notice of violation issued pursuant to Section 1371.02, the City may undertake such repairs or action on the City's own or by means of a court order when, in the sole judgment of the City of Kent, failure to make such repairs, will endanger the public health, safety or welfare. The cost of such repairs and action will not exceed fifty percent of the property value as reported by the Portage County Auditor for tax purposes.
(b) When repairs are made or other corrective action taken at the direction of the Health Commissioner or the Community Development Director, the cost of such repairs and corrective action, including labor, equipment, and supplies, plus fifteen percent (15%) for administrative costs, shall constitute a debt in favor of the City against the owner of the repaired structure. In the event such owner fails, neglects or refuses to pay the City the amount of this debt, it shall be recoverable in a civil action against the owner or his successor, brought in a court of competent jurisdiction by the City which shall possess all rights of a private creditor.
(Ord. 2016-40. Passed 4-20-16.)
(a) A residential rental unit must be designated as unfit for human habitation if any of the following deficiencies or conditions are found and when these defects create a hazard to the health or safety of the occupants or the public:
(1) The residential rental unit is damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested or meets a minimum of two of the conditions of blight under Section 1.08 of the Ohio Revised Code.
(2) The residential rental unit Lacks illumination, ventilation, required sanitation facilities or any other minimum requirements as established in Chapter 1365 of this Housing Code.
(3) The general condition of the residential rental unit, outbuildings and surrounding property is unsanitary, unsafe or unhealthful.
(b) Whenever a residential rental unit has been designated as unfit for human habitation, the Health Commissioner or the Chief Building Official or his designee may placard the structure or premises by placing a placard thereon or in a location which is readily noticeable, identifies the building as condemned and the applicable state or local code sections that caused the premises to be condemned.
(c) If such residential rental unit is occupied, the Health Commissioner or City Building Official shall order the dwelling or premises to be vacated within a reasonable period of time. Such time is not to be less than three days or more than ten days.
(d) Any residential rental unit or premises which has been condemned and/or placarded as unfit for human habitation or use, shall not again be occupied by a non-owner until a written approval is secured from and such placard removed by the Health Commissioner or Chief Building Official. The Health Commissioner or Chief Building Official shall remove such placard and give written notice whenever the defect from which the condemnation and placarding action resulted has been eliminated. (Ord. 2016-40. Passed 4-20-16.)
(a) The Health Commissioner or Chief Building Official shall issue an order commanding the owner of a residential rental unit or premises and all other persons having an interest in such premises as shown by the records of the County Recorder's Office to repair, vacate or demolish any dwelling or premises found to be unfit for human habitation or use within the terms of this Housing Code.
(b) The owner of any residential rental unit or premises which has been ordered demolished shall be given notice of this order in the manner provided in Section 1371.02 and shall be given a reasonable time not to exceed ninety days to demolish such structure.
(c) If the Chief Building Official issues a notice to demolish, any owner aggrieved by the notice to demolish may within fourteen days seek a formal hearing before the Board of Building Appeals in Chapter 1309. If the Health Commissioner issues a notice to demolish, any owner aggrieved by the notice to demolish may within fourteen days seek a formal hearing before the City of Kent Board of Health who must address the issue at the next regularly scheduled board meeting.
(d) When the owner, operator, or agent fails, neglects or refuses to demolish an unfit, unsafe or unsanitary residential rental unit or premises within the prescribed time the Health Commissioner or Chief Building Official may apply to the court of competent jurisdiction for a demolition order to undertake the demolition. The court may grant such order when no hearing on the matter is pending. The cost of such demolition shall create a debt in favor of the City against such owner and shall be recovered in civil action brought by the City who shall possess all rights of a private creditor.
(e) Whenever a residential rental unit is demolished whether carried out by the owner or by the appropriate authority such demolition shall include the filling in of the excavation remaining on the property on which the demolished dwelling was located pursuant to the requirements of Chapter 905 "Excavations" (Part Nine).
(Ord. 2016-40. Passed 4-20-16.)