(A) Definition: Nuisance. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise of inadequate maintenance, dilapidation or obsolescence, are for the purpose of this section, “unsafe buildings”. All such unsafe buildings are declared to be a public nuisance and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this section.
(B) Notice to Owner and to Lienholders of Record. The Village Review Board hereinafter referred to as the “Board”, shall consist of the Village Building Inspector, who shall be the Mayor, one member from Council appointed by Council, and the Fire Chief. If the Fire Chief is unable to perform in respect to this section, then the Assistant Fire Chief shall be a member of the Board. The Board 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 division (A) above. It shall give written notice to the owner or owners of record, including any purchasers under a recorded land contract and to the persons occupying said building, if they are not the owners thereof. Notice shall also be given to lienholders of record on the property. The written notice shall specifically state the defects that cause the building to be unsafe. The notice shall state that a hearing will be held before the Board at a place therein fixed no less than the agreed upon days or no more than 30 days after serving of the notice; that the owner and parties in interest may file an answer to the complaint and appear in person, or otherwise, and give testimony at the place and time fixed in the notice, and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.
(C) If after the notice and hearing, the Board determines that the structure under consideration is unfit or unsafe for human habitation, occupancy, or use, or is an unsafe building, it shall state in writing its findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order requiring the owner:
(1) Within the time specified in the order, to repair, alter, or improve the structure, to render it fit for human habitation, occupancy or use, or at the option of the owner, to vacate and close the structure if the repair, alteration, or improvement of the structure can be made at a cost that is not more than 50% of the value of the structure; or
(2) Within the time specified in the order, to remove or demolish the structure if the repair, alteration, or improvement of the structure cannot be made at a cost that is more than 50% of the value of the structure.
(D) Service of Notice. Proper service of notice shall be by personal service, residence service, certified mail, or by registered mail to the legal owner of the property, as well as all lienholders of record; provided however that such notice shall be deemed to be properly served, if a copy thereof is sent by registered mail to the last known address of the owner of record. If any of the parties cannot be located, nor can his address be ascertained, this notice shall be deemed to be properly served if a copy thereof is placed in a conspicuous place in or about the building or structure affected by this notice. If such notice is by certified mail or registered mail, the period within which such owner is required to comply with the order of the Board shall begin as of the date he received such notice.
(E) Posting of Signs. The Board shall cause to be posted at each entrance to such building a notice to read: “DO NOT ENTER, UNSAFE TO OCCUPY. VILLAGE OF LEIPSIC, OHIO.” Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person to remove such notice without permission of the Board, or for any person to enter the building except for the purpose of making the required repairs or of demolishing same.
(F) Permits. In the cases of construction or repair pursuant to orders of the Board, permits covering such work shall be obtained as required by other sections of this section.
(G) Right to Demolish. In case the owner of record, or the purchaser under a land contract, if that be the case, shall fail, neglect, or refuse to comply with the notice to repair, rehabilitate, or demolish and remove such buildings or structure or portion thereof, such party, either the owner of record or the purchaser under a land contract, shall be subject to the penal provision of this section and the Board shall make a recommendation to Council as to the rehabilitation or demolition of the property. Council shall then use its discretion regarding how it wishes to proceed for the repair or demolition of the unsafe structure. The cost of such work may be advanced by the village. If the village is not immediately reimbursed for such costs by the property owner, the amount thereof shall be certified to the County Treasurer and levied as a special assessment against said property on which the building or structure is located and shall be collected in a manner provided for in R.C. § 715.261. The village may also proceed to file suit against the property owner for the collection of the costs. These remedies shall not be exclusive.
(H) Unsafe Conditions: Reports. Any owner, manager, lessee, or occupant of a building who discovers or who has reason to believe that there exists on the premises, a condition which may endanger other property, or the life or limb of any person, and such condition cannot be immediately remedied so as to remove any danger therefrom, shall, within 24 hours after such discovery, report the existence of such dangerous condition to the Board, who shall forthwith take such steps as may be necessary to protect the public safety and welfare. If the Board cannot be located, such report shall be made to the Mayor. No person who is an owner, manager, lessee, or occupant of a building on which premises such a dangerous condition exists and who knows or should know of such dangerous condition shall fail to make such report to either the Board or the Mayor within 24 hours after such knowledge is obtained or should have been obtained.
(I) Fire loss. In the event of a fire loss, the insured owner shall promptly notify the Clerk of the name and address of any and all insurance known to the insured which may provide coverage for the damaged structure. R.C. §§ 715.26 and 3929.8 shall be utilized in the event of the fire loss. However, nothing within the aforementioned section shall prohibit the village from proceeding as outlined within this section.
(J) Appeal. Any person, firm, or corporation which feels aggrieved by an order or finding hereunder may appeal same to the Village Council by filing with the Clerk of Council a written notice of appeal setting for the grounds therefor. Said appeal shall be filed within 20 days of receipt of the order under division (C) above. Said appeal shall then be heard by Village Council within 15 days of the filing of an appeal. The Village Council, after hearing, may alter, revoke, or amend any order or finding previously issued.
(K) Penalty. A violation of this section shall constitute a fourth degree misdemeanor.
(Ord. 2681, passed 8-15-11)