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.)

1335.07 APPEALS.

   (a)   Any owner, person in charge or occupant of a building, other structure or premises aggrieved by an order issued pursuant to the provisions of this chapter may, within ten days of the service of the order, appeal such order to the Board of Appeals established by Section 1301.21 by filing a notice of appeal, accompanied by a fee of sixty-five dollars ($65.00), which fee shall be refunded if the Bureau's decision is wholly reversed, with the Bureau of Buildings, Inspections, Licenses and Permits, and comply with subsection (b) of this section. The Bureau shall transmit the file relating to the order to the Board of Appeals, which order shall be defended by the Bureau which conducted the inspection and issued the order. The Bureau shall serve written notice, by personal service or by certified mail, upon the appellant of the time, place and date of the hearing upon appeal. The Board of Appeals shall proceed to hear the appeal at any regular or special meeting of the Board within thirty days after notice of appeal has been filed by the appellant, providing that notice of the date of hearing shall be served upon the appellant not less than five days prior to the time such hearing is commenced. Failure of the appellant to appear at the time and place set for the hearing shall be deemed to be a withdrawal of the appeal and the Board shall affirm the order of the Bureau.

   (b)   In addition to complying with subsection (a) of this section, any appellant appealing an order must submit a detailed list or estimate that shall describe all non-conformities along with all associated costs necessary for addressing said non-conformities and repairing said building or structure before the date of their hearing before the City Planning Commission, to allow review of said documents by the City Bureau of Building and Codes before said hearing.

   (c)   Provided further than the Bureau shall have authority to grant one (1) continuance of the date of hearing, upon application of the appellant, for good cause shown, which continuance shall not exceed twenty days. Such granting of any addition time to perform work required by order of the Bureau shall be conditioned upon the posting of a surety performance bond by the applicant. The purpose of the surety performance bond shall be to ensure that the work is performed in a timely manner and in compliance with the Building Code. The surety performance bond shall be posted within ten (10) calendar days of the granting of additional time. Failure to post the surety performance bond shall result in the appeal being denied and the demolition order being in full effect. The amount of the surety performance bond shall be in cash, money order, or certified check and shall be in the following amounts:

Surety Performance Bond Schedule

Residential: $15,000.00 Bond, or in the alternative a $10,000 bond in the

form of cash, certified check or money order

Commercial: $50,000.00 Bond

Industrial: $50,000.00 Bond

   (d)   If the appealing party fails to perform, the surety performance bond shall be forfeited and applied as necessary to secure or raze the structure. If the repairs are completed to the satisfaction of the Bureau, the surety performance bond or remaining balance thereof shall be returned to the appealing party.

   (e)   In case of an appeal from an order of the Fire Chief, appeal shall be taken to the State Fire Marshal according to law. (Ord. 20-241. Passed 12-15-20.)

1335.08 PROCEEDINGS AND AUTHORITY OF THE BOARD OF APPEALS.

   (a)    The proceedings of the Board of Appeals upon the hearing of an appeal, including their findings and their decision and their reasons therefor, shall be summarized and reduced to writing and entered as a matter of public record in the office of the Bureau of Buildings, Inspections, Licenses and Permits. A copy of such summarization shall be served upon the appellant personally or by certified mail. The findings, decision and reasons of the Board may incorporate by reference the notice and order of the Bureau, and the record of the Board upon the appeal shall include a copy of every notice and order issued in connection with the matter.

   (b)    The Board upon completion of the hearing of the appeal may affirm, modify, revoke or vacate the order appealed, and unless revoked or vacated, the appellant shall comply with the same as affirmed or modified within a time to be set by the Board.

(Ord. 92-110. Passed 5-19-92.)

1335.09 EXECUTION OF ORDER.

   Whoever fails to comply with an order issued under the provisions of this chapter from which no appeal has been taken, or with the order as finally affirmed or modified upon completion of appellate proceedings, within the time fixed in such order or order of affirmance or modification, then the Bureau may cause such building, other structure or premises to be repaired, secured by boarding up, torn down, demolished, removed or the dangerous conditions remedied through the use of City employees, equipment and material in accordance and consonance with such order, order of affirmance or modified order, if notice has been given as required by Ohio R. C. 715.26.

   Provided, that Council may by resolution or ordinance direct that the order, order of affirmance or modified order shall be executed under a contract for labor, materials and equipment awarded by the City for such purpose or by a combination of City forces and such contract.

(Ord. 92-110. Passed 5-19-92.)