(A) Preliminary investigation. Whenever it appears to the code enforcement officer that any nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public are jeopardized for failure of the property to meet the minimum standards established by this subchapter, the code enforcement officer shall undertake a preliminary investigation.
(B) Complaint and hearing. If the preliminary investigation discloses evidence of a violation of the minimum standards established by this section, the code enforcement officer shall issue and cause to be served upon the owner of and parties in interest in the nonresidential building or structure a complaint. The complaint shall state the charges and contain a notice that a hearing will be held before the code enforcement officer at a place therein fixed, not less than ten days nor more than 30 days after the serving of the complaint, that the owner and parties in interest shall be given the right to answer the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the code enforcement officer.
(C) Procedure after hearing.
(1) If, after notice and hearing, the code enforcement officer determines that the nonresidential building or structure has been maintained in that the property meets the minimum standards established by this subchapter, the code enforcement officer shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof a copy of said determination.
(2) If, after notice and hearing, the code enforcement officer determines that the nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards established by this section, the code enforcement officer shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order in accordance with the provisions of division (C)(3) and (C)(4) of this section and subject to the limitations set forth in §§ 150.108 and 150.109.
(3) If the code enforcement officer determines that the cost of repair, alteration, or improvement of the building or structure would not exceed 50% of its then-current value, then the code enforcement officer shall state in writing the findings of fact in support of such determination and issue an order that requires the owner, within a reasonable time specified in the order, to either:
(a) Repair, alter, or improve the nonresidential building or structure in order to bring it into compliance with the minimum standards established by this section; or
(b) Vacate and close the nonresidential building or structure for any use.
(4) If the code enforcement officer determines that the cost of repair, alteration, or improvement of the building or structure would exceed 50% of its then-current value, then the code enforcement officer shall state in writing the findings of fact in support of such determination and issue an order that requires the owner, within a reasonable time specified in the order, to either:
(a) Repair, alter or improve the nonresidential building or structure to bring it into compliance with the minimum standards established by this section; or
(b) Remove or demolish the nonresidential building or structure.
(D) Failure to comply with order and ordinances.
(1) If the owner fails to comply with an order to either repair, alter, or improve the nonresidential building or structure or vacate and close the nonresidential building or structure, City Council may adopt an ordinance ordering the code enforcement officer to cause such nonresidential building or structure to be repaired, altered, or improved in order to bring it into compliance with the minimum standards established by this section or to be vacated and closed. The property shall be described in the subchapter. The section shall be recorded in the Office of the Register of Deeds and shall be indexed in the name of the property owner(s) in the grantor index.
(2) If the owner fails to comply with an order to remove or demolish the nonresidential building or structure, City Council may adopt an ordinance ordering the code enforcement officer to cause such nonresidential building or structure to be removed or demolished. No ordinance shall be adopted to require removal or demolition of a nonresidential building or structure until the owner has first been given a reasonable opportunity to bring it into conformity with the minimum standards established by the City Council. The property shall be described in the ordinance. The ordinance shall be recorded in the Office of the Register of Deeds and shall be indexed in the name of the property owner(s) in the grantor index.
(Ord. - -, passed 3-2-2017)