(A) Imminent danger. When, in the opinion of the Community Development Director, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, the Community Development Director is hereby authorized and empowered to order and require the occupants to vacate the premises immediately. The Community Development Director or designated agent shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure is Unsafe and Its Occupancy Has Been Prohibited by the Community Development Director." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
(B) Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the Community Development Director, there is imminent danger due to an unsafe condition, the Community Development Director shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Community Development Director deems necessary to meet such emergency.
(C) Closing streets. When necessary for public safety, the Community Development Director may temporarily close structures and close, or issue an order to the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures if there is an imminent danger of injury from such unsafe structure to persons or property within such areas to be closed, and prohibit the same from being utilized.
(D) Emergency repairs. For the purposes of this section, the Community Development Director shall employ the necessary labor and materials to perform required work as expeditiously as possible.
(E) Cost of emergency repairs. Costs incurred in the performance of emergency work 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 make the emergency repairs, 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.
(F) Appeal. Any person ordered to take emergency measures 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)