(A) The Office of Code Enforcement 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 § 151.20 of this chapter 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 have been affirmed or modified at hearing in a 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 action;
(4) The order, as affirmed or modified at the hearing, has not been complied with, or, having once been complied with, is not now being complied with; and
(5) The order is not being reviewed in accordance with § 151.22 of this chapter.
(B) The work shall be let out at public bid to a contractor licensed and duly qualified under the laws of the state and any applicable municipal ordinances.
(C) All persons with a substantial property interest in the unsafe building shall be notified about the public bid in accordance with § 151.20 of this chapter by means of a 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 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 Office of Code Enforcement in processing the matter of the unsafe premises, may, if not paid, be recorded after a hearing as a lien against all persons having a fee interest or life estate interest in the unsafe premises;
(6) A statement that the owner has the right to elect in writing within a period of five calendar days to retain any or all materials salvaged from the work;
(7) The time of the bid opening;
(8) The place of the bid opening; and
(9) The name, address and telephone number of the Office of Code Enforcement.
(D) (1) 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.
(2) The publication also shall include a statement that a copy of the statement of public bid may be obtained from the Office of Code Enforcement.
(E) Notice of the 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) (1) 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 the statement, elect by sending a statement in writing to the Office of Code Enforcement to retain any or all of the materials resulting or salvaged from the work.
(2) In the absence of a statement, the Office of Code Enforcement may decide the method of disposal of the materials.
(G) If action in accordance with this section is being taken on the basis of an order which was served by publication, it shall be sufficient to serve the statement that public bids are to be let by publication unless the Office of Code Enforcement has received information in writing that would enable it to make service in accordance with § 151.20 of this chapter by a method other than publication.
(Ord. 1980-5, passed 6-16-1980)