1733.08 ISSUANCE OF ORDERS; RECOURSE OF CITY IF ORDER NOT COMPLIED WITH.

   (a)   If, after such notice and hearing, as provided in Section 1733.06, the Agency determines that the dwelling, building or structure is dangerous, unhealthy, or unfit for human habitation, it shall state in writing its findings of fact in support of such determination and shall issue and cause to be served upon the owner and parties in interest thereof an order requiring:

      (1)   The owner or parties in interest to repair, alter, or improve such dwelling, building or structure within the time specified in the order so as to eliminate its conditions of danger, unhealthfulness, or unfitness for human habitation as the case may be; or

      (2)   The owner or parties in interest to demolish and remove such dwelling, building or structure if the repair, alteration or improvement of such dwelling, building or structure so as to make it safe, healthful and fit for human habitation, cannot be made at a cost of not more than twenty-five percent (25%) of the value thereof, exclusive of the real estate upon which it stands, as determined by the Agency.

      (3)   The owners or parties in interest shall have a period of ninety days, unless an extension is granted by the Agency in writing for good cause shown, in which to effect the repair, alteration, improvement, demolition, or removal of such dwelling, building or structure. Failure to complete the order under subsection (a)(1) or (a)(2) hereof within the ninety days of service of the order, shall constitute a violation of this article and shall be punishable by a twenty-five dollar ($25.00) fine. For thirty (30) calendar days thereafter, every twenty-four hour period in which the order is not complied with shall constitute a separate violation punishable by the same twenty-five ($25.00) fine. For each day beyond the thirty (30) calendar day period, every twenty-four hour period in which the order is not complied with shall constitute a separate violation punishable by a fifty dollar ($50.00) fine.

   (b)   If the owner or parties in interest fail to comply with the order of the Agency to repair, alter or improve such dwelling, building or structure, the Agency may cause it to be repaired, altered, or improved, or to be vacated and closed; and from and after the date specified in the order of the Agency for the repair, alteration, improvement or vacating and closing of the dwelling, building or structure, the executive officer may cause to be posted on such dwelling, building, or structure a sign which will read as follows:

THIS BUILDING HAS BEEN CONDEMNED BY ORDER OF THE

NEW CUMBERLAND CITY BUILDING AGENCY

This sign will be in addition to the sign identified in Section 1733.06.

   (c)   If the owner fails to comply with the order of the Agency to demolish and remove the dwelling, building or structure within the time ordered by the Agency, the Agency may cause such dwelling to be demolished and removed at cost to the owner or parties in interest as set forth below.

(Ord. 16-005. Passed 7-5-16.)