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.)