1335.03 ADMINISTRATION AND ENFORCEMENT.

This chapter is enacted pursuant to authority granted by Section 3 Article XVIII of the Ohio Constitution, and Ohio R.C. 715.26, 715.26.1, 715.28, 715.29, 715.44, 3707.01, 3707.02, 3707.021, 3737.14, 3737.22 and 3737.45, and of the general provisions of Ohio R.C. Title 7, for the purpose of safeguarding life, property, health and for the promotion of the peace, health, safety and welfare of the City and its inhabitants.

(Ord. 76-285. Passed 8-3-76.)

1335.02 DEFINITIONS.

As used in this chapter, words and phrases are defined as follows:

(a) "Dangerous building" means any building, wall, shed, fence or other man-made structure which is, in whole or part:

(1) Insecure, unsafe, abandoned or open and vacant and unsecured to trespass, structurally defective and unsafe to health, life and other property from any cause;

(2) Unsafe to the public health because of any condition which may cause or aid in the inception or spread of disease, or injury to the health of the occupants thereof or of its neighboring structures; or

(3) Is especially liable to fire, or maintains or creates a fire hazard to the premises or to adjoining property for any cause.

(b) "Bureau" means the Bureau of Buildings, Inspections, Licenses and Permits and includes the Fire Chief and the Health Department, as applicable.

(c) "Demolish" or "demolition" means the tearing down and removal, so as to require reassembly as new construction if rebuilt, of any dangerous building, shed, fence or other man-made structure permanently affixed to the soil whose original construction cost was five hundred dollars ($500.00) or more.

(d) "Order" means any lawful order issued by the Bureau of Buildings, Inspections, Licenses and Permits, by the Fire Chief or by the Health Department or any of its authorized employees.

(e) "Original construction cost" means the fair market value of the building or structure at the time of its original construction.

(f) "Party wall" means a wall, part of a building or fence constructed upon and straddling the common lot line between two adjoining properties under different ownership and serving both of such adjoining properties.

(g) "Permanently affixed to the soil" means construction or erection so designed as to not anticipate removal from the original site during the reasonable life of the building or structure.

(h) "Person" includes individual, partnership, firm, association, corporation or other legal entity. (Ord. 92-110. Passed 5-19-92.)

1335.03 ADMINISTRATION AND ENFORCEMENT.

Administration and enforcement of this Code shall be the duty and responsibility of the Bureau of Buildings, Inspections, Licenses and Permits, or as necessary, of the Fire Chief or Health Department. (Ord. 76-285. Passed 8-3-76.)

1335.04 INSPECTION AUTHORITY.

Personnel of the Bureau of Buildings, Inspections, Licenses and Permits and of the Bureau of Fire Prevention and Arson and the Health Department are hereby authorized and directed to make inspections to determine the condition of buildings or other structures in order that they may perform their duty of safeguarding life and property within the City. For the purpose of making such inspections such personnel, upon showing appropriate identification, are hereby authorized to enter, examine and survey at any reasonable hour any building, structure or premises. The owner, occupant or person in charge of such building, structure or premises shall give such personnel free access to such building, structure or premises at any reasonable hour for the purpose of such inspection, examination and survey. Provided, such owner, occupant or person in charge may demand forty-eight hours written notice of such inspection.

(Ord. 76-285. Passed 8-3-76.)

1335.05 NOTICE AND ORDER.

When, from an inspection of a building, structure or premises, the Bureau of Buildings, Inspections, Licenses and Permits, the Health Department or the Bureau of Fire Prevention and Arson has determined that a building, structure or premises is insecure, unsafe, abandoned or vacant and open and unsecured to trespass, structurally defective, especially liable to fire, or endangers life, health or other buildings or property, a notice and order shall issue from the Bureau of Buildings, Inspections, Licenses and Permits to the owner or the person in charge and to the occupant of such building, structure or premises which shall be substantially in the following form:

(a) Designation of the party to whom the notice and order is directed and the status of such party in relation to the structure, building or premises.

(b) A clear and accurate description of the building, structure or premises to which the notice and order is applicable, including the number and street address of the same when so identifiable.

(c) A recitation that the premises, building or structure described in subsection (b) hereof was inspected, the date of the inspection, and the names of the person or persons and the bureau that conducted the inspection.

(d) A recitation that the building, structure or premises described in subsection (b) hereof has been determined, upon and after inspection thereof, to be insecure, unsafe, abandoned or vacant and open and unsecured to trespass, structurally defective or especially liable to fire, or endanger life, health, or other buildings or property.

(e) A specific itemization of the defects and conditions in the building, structure or premises which required the determination made in subsection (d) hereof.

(f) A reference to the section or sections of the Ohio Revised Code and/or to the section or sections of any code of the City under the enforcement jurisdiction of the Bureau of Buildings, Inspections, Licenses and Permits, the Bureau of Fire Prevention and Arson or the Health Department which is or are being violated by reason of the defects or conditions enumerated in subsection (e) hereof.

(g) An order to the owner, person in charge or occupant that the building, structure or premises described in subsection (b) hereof be vacated, repaired, torn down, secured by boarding up, demolished or removed, or that all dangerous conditions be remedied as the determination made in subsection (d) hereof may require. When such order requires repairs or the removing of dangerous conditions, the specific repairs and remedies shall be enumerated. Boarding up shall be done in compliance with Section 1371.10.

(h) State the date by which time the owner, occupant or person in charge of the building, structure or other premises must comply with the order.

(i) Advise the owner, occupant or person in charge that the order may be appealed under the provisions of Section 1335.07 , and if the inspection, notice and order have been made and issued by the Bureau of Fire Prevention and Arson, that such owner, occupant or person in charge may also appeal the order pursuant to the provisions of Ohio R.C. 3737.43.

(j) The following shall be written in bold print:

"No person or business entity, including but not limited to any fee title owner or other interest in the property, subject to the demolition order is permitted to enter upon such land and remove, modify, or affect any physical portion of the structure(s) without the prior written permission of the Bureau of Buildings, Inspections, Licenses and Permits."

(k) A recitation that upon failure to comply with the order within the time stated, or with the order as affirmed or modified upon appeal, the initiating bureau will cause the order to be executed through the use of City forces, materials and equipment or by contract for labor, materials and equipment or both, all at the expense of such owner, person in charge or occupant, subject to the final approval by the Bureau of Buildings, Inspections, Licenses and Permits for the purpose of determining whether or not a subsequent sale of the demolished property could result in replenishing the City of Mansfield's P.R.I.D.E. tax demolition account for any expenditures associated with the demolition process, and that such costs and expenses may be certified to the County Auditor as a lien or special charge against the real estate and collected as are other taxes. Provided, that if any federal funds were used for carrying out the demolition or other order:

(1) Income information, which shall be requested in each notice/order issued from the Bureau under this section shall, upon receipt from the owner, be verified by the City Community Development Department; and

(2) If the verified income information substantiates that such certification procedure would violate federal regulations with respect to low or moderate income persons as applicable to the owner of the real estate, then no certification to the Auditor shall be made.

(Ord. 16-086. Passed 5-3-16.)

1335.06 SERVICE OF NOTICE AND ORDER.

The notice and order provided in Section 1335.05 shall be made against, and served personally or by certified mail, return receipt requested, upon the owner, person in charge, operator and occupant of such building, structure or premises to which the order relates. When the notice and order provided in Section 1335.05 cannot be served personally and certified mail service is returned because of inability to deliver, the notice required shall be published once in a newspaper of general circulation in the county where the premises are situated to which the notice and order relate. A copy of the newspaper advertisement, with the publication date of such notice marked, shall be mailed to the party at his last known address within the county where the premises are situated to which the notice and order relate, and also to his last known address elsewhere, if known. The notice shall be deemed received as of the date of publication. If the inspection, notice and order have been made and issued by the Bureau of Fire Prevention and Arson, such notice and order shall also contain or have attached thereto a copy of Ohio R.C. 3737.43. If an emergency exists, as determined and documented by the Bureau, notice may be given less than thirty days prior to execution of the order pursuant to Section 1335.09.

(Ord. 12-187. Passed 11-20-12.)

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