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When the Chief Building Official, Chief of Police or Fire Official finds any dwelling unfit for human habitation, he or she shall serve notice to vacate on the owner or his or her responsible local agent as follows:
(a) By personal service on the owner or the responsible local agent; or
(b) By personal service to the owner, the responsible local agent, or to a person of suitable age and discretion at the owner's or responsible local agent's last known address; or
(c) By either first class mail, certified mail, or personal service addressed to the owner or his or her responsible local agent at his or her last known address; or
(d) By posting the notice for a twenty-four (24) hour period in placard form in a conspicuous place on the premises to be vacated. No person shall deface or remove such placard from any dwelling except by authority in writing from the Chief Building Official. (Ord. 002-2023. Passed 1-3-23.)
Any dwelling or dwelling unit which has been declared unfit for human habitation shall be vacated within a reasonable time as required by the Director of Public Safety, Chief Building Official, Chief of Police or Fire Official. No person shall occupy such dwelling or dwelling unit until written approval is secured from the Chief Building Official.
(Ord. 002-2023. Passed 1-3-23.)
The time limit set for the correction of a violation may be extended by the Chief Building Official if the owner can show a good faith effort to comply with the repair order. Time limits may also be extended by the Chief Building Official for repairs which cannot be carried out within the allotted period because of the seasonal nature of the work to be done.
(Ord. 002-2023. Passed 1-3-23.)
If the owner or occupant fails to comply with the correction order contained in the notice of violation, the Chief Building Official may bring an action to enforce the provisions of this article. If the violation constitutes an emergency, or the owner ignores the correction order, the Chief Building Official may cause the necessary repairs to be made or take other corrective action up to and including condemnation and demolition of the structure, and the charges collected as a special assessment against the premises.
(Ord. 002-2023. Passed 1-3-23.)
In addition to the enforcement action and actions of the Chief Building Official, which may include monetary fees and fines as established by administrative policy, a person or entity who violates the provisions of this Chapter for failing to comply with the correction orders of the Chief Building Official within the time period specified in the correction order (which order shall be no less than ninety (90) days if it is not a condition hazardous to health or safety that exists on the premises that requires immediate attention) shall be guilty of a misdemeanor of the Fourth degree. Each day of violation of a provision of this article relating to the failure to comply with the correction order shall constitute a separate violation. The Court shall suspend any jail term of any person in violation of this Chapter who complies with the charged code requirements within thirty (30) days of receipt of a citation and where that person has no prior violations of this Chapter, but the Court shall have no authority to waive fines and fees. The Court shall not wave fees and penalties. (Ord. 002-2023. Passed 1-3-23.)
An owner, occupant, or agent of the owner, whose building has been inspected, may appeal any decision of the Chief Building Official or an inspector to the Administrative Hearings Officer for a hearing related to the notice of violation(s) and any correction order(s) contained therein. The Administrative Hearings Officer may grant a specific variance to any requirement of this article if the literal application of a requirement would result in practical difficulty for compliance with the particular section(s) at issue. No relief shall be granted if same would result in either the purpose or the intent of the particular section(s) at issue being abrogated. The appeal must be filed within seven (7) days of the receipt of the notice of violation. The filing of an appeal shall not stay application of the order issued until such time as the appeal is decided. An appeal hearing shall be held, and a decision rendered within a timely period of the appeal, which shall not exceed fourteen (14) days, unless both appellant and the City of Maumee agree in writing to extend the time for a hearing and decision. The Administrative Hearings Officer may attach in writing any conditions in connection with the granting relief that, in his or her judgment, are necessary to protect the health, safety and welfare of the people of the City of Maumee. In authorizing a variance, the Administrative Hearings Officer shall require such evidence as it may deem necessary to ensure that the purpose and intent of the particular section(s) at issue will be satisfied. In reviewing a request for relief, the Administrative Hearings Officer shall consider the following to determine whether practical difficulty exists:
(a) Whether there are exceptional or extraordinary conditions applying to the property that do not apply to other similar properties;
(b) Whether the exceptional or extraordinary conditions resulted from the action of the property owner;
(c) Whether there exists alternative or equivalent methods or materials that would allow the purpose and intent of the particular section(s) at issue to be satisfied;
(d) Whether strict compliance with the ordinance requirements would be unreasonably burdensome on the property owner;
(e) Whether strict compliance with the ordinance requirements would cause a financial hardship for the property owner;
(f) Whether the granting of a variance would result in a substantial detriment to the property; and
(g) Whether the variance or relief requested is the minimum variance possible that would still allow the purpose and intent of the particular section(s) at issue to be met. (Ord. 002-2023. Passed 1-3-23.)
Any person who files an appeal or request for variance, shall be obligated to accompany his or her appeal or request for variance with an application fee established by the City Administration. The City Administrator may waive an application fee if he or she finds same would cause a financial hardship for the applicant.
(Ord. 002-2023. Passed 1-3-23.)