(a) Notice of Violation Legal Service. Whenever the Building Inspection Superintendent or his authorized agent finds any building, structure or premises, or any part thereof, to be in violation of the provisions of this Code, he or his agent shall give or cause to be given or mailed to the owner, agent, occupant or operator of such structure or premises, a written notice stating the violation therein. Such notice shall order the owner, agent, occupant or operator a reasonable time for the performance of any act required by the Housing Director or a Housing Inspector to effect compliance with this Housing Code.
(Ord. 217-00. Passed 10-16-00.)
(b) Notice by Certified Mail; Posting. If the person to whom a notice of violation is addressed cannot be found within Stark County after a reasonable and diligent search, then notice shall be sent by certified mail to the last known address of such person, and a copy of such notice shall be posted in a conspicuous place on the structure or premises to which it relates. Such mailing and posting shall be deemed legal service of notice.
(Ord. 122-1979. Passed 9-4-79.)
(c) Placards Ordering Vacation of Premises. Whenever the Superintendent orders a structure or premises or part thereof to be vacated or demolished, he shall cause to be posted at each entrance to such structure or premises or part thereof, a placard ordering such vacation or demolition. No person shall deface or remove such placard until the demolition is completed without the written permission of the Building Inspection Superintendent. No person shall enter or use any structure or premises so placarded except for the purpose of demolishing the structure or premises. (Ord. 93-2003. Passed 7-21-03.)
(d) Noncompliance of Notice; Final Notice. Whenever the owner, agent, occupant, or operator of a structure or premises or part thereof, fails, neglects or refuses to comply with any notice of the Building Inspection Superintendent, the Superintendent shall issue a final notice to such owner, agent, occupant or operator, ordering the structure of premises or part thereof, to be vacated, repaired or demolished within such additional time as shall be stated in such final notice; but which shall not be less than ten days, except in cases of emergency. Such notice shall be delivered, mailed or posted in the same manner as provided.
(e) Final Notice Deposition; Building Board of Appeals. Whenever the owner, agent, occupant or operator of a structure or premises or part thereof, has failed, neglected, or refused to comply with the Building Inspection Superintendent's final notice, the Superintendent shall refer such final notice and all relevant information as he deems necessary to the Building Board of Appeals for final deposition.
(1) The Building Board of Appeals upon a motion of the Building Inspection Superintendent will meet within a reasonable amount of time, not to exceed thirty days, to hear such motion. The date, time, and place of the hearing on the motion shall be published in the local newspaper and will be declared legal notice to all affected parties.
A. The Board shall keep a written record of the hearing, including a summary of the evidence, the finding, the order, and all notices issued or received. The record shall constitute a public record available for inspection at all reasonable times.
B. The Board will solicit testimony in the matter of the motion of the Superintendent to determine noncompliance with the Code.
C. Any person affected by the motion before the Board may be heard and give testimony why such motion should be declared invalid, modified, or withdrawn for cause.
(2) The Building Board of Appeals after a hearing on the Superintendent's motion shall sustain, modify or withdraw such motion depending upon its findings as to whether the provisions of this Code or of the rules and regulations adopted pursuant thereto have been complied with. If the Board sustains or modifies such motion, such action shall be deemed a final order. (Ord. 122-1979. Passed 9-4-79.)
(f) Demolition Costs. If the Board of Building Appeals sustains or modifies a motion of the Building Inspection Superintendent which calls for demolition of a structure or premises or part thereof, and the owner, agent, occupant or operator fails in the time prescribed to complete the same to the satisfaction of the Board, the Board may cause demolition thereof and shall certify the cost and expense of the demolition to the County Auditor as a lien on the real estate or sue the owner directly in court for the costs of said demolition.
(Ord. 36-2009. Passed 3-2-09.)
(g) Penalty Does Not Preclude Other Remedial Action. The imposition of any penalty as provided for in this Code shall not preclude the City Director of Law from instituting an appropriate action or proceeding in a court or proper jurisdiction to prevent an unlawful repair or maintenance, to restrain, correct or abate a violation, to prevent the occupancy of a building, structure or premises, to require compliance with the provisions of this Code or other applicable laws, ordinances, rules or regulations, or the orders or determinations of the Building Inspection Superintendent or the Building Board of Appeals.
(Ord. 122-1979. Passed 9-4-79.)
(h) Penalty. Whoever violates any provision of this Code, or any rule or regulation promulgated thereunder, or fails to comply therewith or with any written notice or written order issued thereunder, or whoever refuses to permit entry by the Building Inspection Superintendent or other City department heads or their representatives at a reasonable hour, and whoever interferes with, obstructs, or hinders the Superintendent or his authorized agents while attempting to make such inspection, shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months or both. Community service can be levied in lieu of jail time. Each day such violation occurs or continues shall constitute a separate offense.
(Ord. 36-2009. Passed 3-2-09.)