(A) General. When a structure is found by the Community Development Director to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
(1) Unsafe structures. An unsafe structure is one that is found to be so out of repair and dilapidated that, in the condition it is permitted to be and remain, it shall or will if such condition is suffered to continue, present an imminent danger of failure or collapse which may endanger the life, limb or property of persons occupying or using such structure, endanger the life, limb or property of persons using or being upon the streets or public ways of the municipality adjoining such lot of land, by reason of the collapse of such building, house, or structure, or by the falling of parts thereof or of objects therefrom; or has become so out of repair and dilapidated that it constitutes a fire hazard liable to catch on fire or communicate fire because of its condition and lack of repair.
(2) Structure unfit for human occupancy. A structure unfit for human occupancy is one that is found to have become so out of repair and dilapidated that, due to lack of adequate maintenance or neglect, it endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment of owners, or occupants of adjacent property or persons occupying or using such structure.
(3) Unlawful structure. An unlawful structure is found in whole or in part to be occupied by more persons than permitted under the Ohio Building Code, or was erected, altered or occupied contrary to law.
(B) Closing of vacant structures. If a structure is vacant and unfit for human occupancy, and is not in danger of structural collapse, the Community Development Director is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be a nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Community Development Director shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
(C) Notice. Whenever the Community Development Director has condemned a structure under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice. The notice shall be in the form prescribed in § 93.15(B).
(D) Placarding. Upon the failure of the owner or person responsible to comply with the notice provision within the time given, the Community Development Director shall post on the premises a placard bearing the word "Condemned" and a statement of the penalties provided in for occupying the premises or removing the placard.
(1) Placard removal. The Community Development Director shall remove the condemnation placard whenever the defect(s) upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Community Development Director shall be in violation of this code and subject to the penalties set forth in § 93.14(D).
(E) Prohibited occupancy. Any person who shall occupy a placarded premises which has been condemned, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises which has been condemned shall be in violation of this code and subject to the penalties set forth in § 93.14(D).
(F) Cost of closing vacant structures. Costs incurred in the performance of closing vacant structures shall be paid by the city. The Director of Law of the city shall take action to put a lien on the property consistent with Ohio law where the unsafe structure is or was located for the recovery of such costs. The costs may include all labor, equipment or other materials to close the vacant structure, the fees of the officer serving the notices, the cost of public notice of any appeal hearings, and an administrative fee equal to 3% of the cost to make the emergency repairs, but such administrative fee shall not exceed $100 nor be less than $25.
(G) Appeal. Any person ordered to close a vacant structure shall comply with such order within the time allowed by the Community Development Director, unless appealed to the City Manager within three days from the date of notice from the Community Development Director. The City Manager may modify or reverse the decision of the Community Development Director or may refer the appeal to the Board of Zoning Appeals for a hearing. Upon referral of an appeal from the City Manager, the person ordered to take emergency measures shall be afforded an appeal hearing by the Board of Zoning Appeals, as described in § 93.20.
(Ord. 15-2008, passed 10-1-08)