(A) The Enforcement Authority may cause the action required by an order to be performed by a contractor if the following has occurred:
(1) An order has been issued to each person having a substantial property interest in the unsafe premises;
(2) Service of an order in the manner provided by § 151.25 has been made on each person having a substantial property interest in the unsafe premises which are the subject of the order;
(3) Each of the orders has been affirmed or modified at a hearing in such manner that all persons having a substantial property interest in the unsafe premises which are the subject of each of the orders are currently subject to an order requiring the accomplishment of substantially identical actions;
(4) The order affirmed or modified at the hearing has not been complied with, or having once been complied with, is not being complied with; and
(5) The order is not being reviewed in accordance with § 151.27.
(B) (1) This work may be performed in the following manner:
(a) If the cost is estimated to be less than $5,000, the Enforcement Authority acting in conjunction with the Town Engineer as its agent or any other governmental agency may perform the work by means of employees of the town or its designees and equipment owned and leased by it. Notice that this work is to be performed shall be given to all persons with a substantial interest in the manner provided in divisions (C) and (D) of this section. This notice shall be given at least ten days before the date of performance of the work. This notice shall include a statement that an amount representing a reasonable estimate of the cost incurred 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 as a contract purchaser in the unsafe premises.
(b) If the estimated cost of this work is $5,000 or more, this work shall be let out at public bid to a contractor licensed and qualified under law. The obligation to pay costs imposed by § 151.31 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 shall not eliminate or diminish this obligation;
(2) 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 portion of the bid amount attributable to each of the unsafe premises shall constitute the basis for calculating the portion of the cost defined under § 151.31.
(C) All persons with a substantial property interest in the unsafe premises shall be notified about the public bid in accordance with § 151.25 by means of written statement which shall include the following information:
(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 qualified, registered and 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 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 date and 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 service of the notice of statement that public bids are to be let is by publication, the publication shall include the information provided for in division (C), except that it need only include a general description of the work to be accomplished. The publication also shall include a statement that a copy of the statement of public bid may be obtained from the Enforcement Authority.
(E) Notice of statement that public bids are to be let shall be given to all persons having a substantial property interest in the property at least ten calendar days before the date of the public bid.
(F) Persons having a substantial property interest in the unsafe premises which are the subject of a statement that public bids are to be let may, as their interest allows, within a period of five calendar days after they have received notice of such statement, elect by sending a statement in writing to the Enforcement Authority to retain any or all of the materials resulting or salvaged from such work. In the absence of such statement, the Enforcement Authority may decide the method of disposal of such materials.
(G) If action in accordance with this section is being taken on the basis of an order which is being served by publication, it shall be sufficient to serve the statement that the Enforcement Authority acting in conjunction with whoever intends to perform the work or that public bids are to be let by publication unless the Plan Commission has received information in writing that would enable it to make service in accordance with § 151.25 by a method other than publication.
(`77 Code, § 66.18) (Am. Ord. 1997-4, passed 3-17-97)