(A) Any abandoned structure that is a health or safety hazard as a result of the attraction of insects, rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children, or frequent use by vagrants as living quarters, or the absence of sanitary facilities, shall be repaired, closed or demolished. It shall be unlawful for the owner of an abandoned structure to allow the same to become or to remain a health or safety hazard as defined in this section.
(B) The Code Enforcement Official shall have the authority to attempt to accomplish the repair, closing or demolition of unsafe abandoned structures through the procedure set out in § 151.51, except that if the estimated cost to repair the structure is 50% or more of its value, the structure shall be considered dilapidated, and the Code Enforcement Official shall order that it be demolished and removed. Upon the failure of the owner of an unsafe abandoned structure to comply with an order of the Code Enforcement Official to repair, close or demolish such structure, the Code Enforcement Official shall present the matter to City Council. If the City Council finds that the abandoned structure is unsafe pursuant to division (A) above, it may adopt an ordinance ordering the Code Enforcement Official to cause such abandoned structure to be repaired, closed or demolished. Each such ordinance shall be recorded as provided in § 151.51(C)(2), and the cost of any repair, closing or demolition caused to be made by the Code Enforcement Official shall be a lien on the premises as provided in § 151.51.
(C) For the purposes of divisions (A) and (B) above, ABANDONED STRUCTURE shall mean any structure that has not been occupied or used, by its owner or by some person acting under the authority of its owners, for a continuous period of 30 days or longer.
(D) If the City Council shall have adopted an ordinance, or the Code Enforcement Official shall have issued an order, ordering a dwelling to be repaired or vacated and closed, and if the owner has vacated and closed such dwelling and kept such dwelling vacated and closed for a period of six months pursuant to the purpose to repair, alter or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, morals and welfare of the municipality in that the dwelling would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area, and would render unavailable property and a dwelling which might otherwise have been made available to ease the persistent shortage of decent and affordable housing in the state, then in such circumstances, the City Council may, after the expiration of such six-month period, enact an ordinance and serve such ordinance on the owner, setting for the following:
(1) If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require that the owner either repair or demolish and remove the dwelling within 30 days; or
(2) If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within 30 days. Such ordinance shall be recorded as provided in § 151.51(C)(2), and the cost of any repair, closing or demolition caused to be made by the Code Enforcement Official shall be a lien on the premises as provided in § 151.51.
(Code 2019, § 9-47) Penalty, see § 151.99