All structures or conditions upon premises that are injurious to or a menace to the public health, safety or welfare, or are structurally unsafe, unsanitary or not provided with adequate safe egress, or constitute a fire hazard, or are vacant and open to public entry, or are otherwise dangerous to human life or injurious to the public, or in relation to existing use constitute a hazard to the public health, safety or welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are Unsafe Structures or Unsafe Premises. All Unsafe Structures or Unsafe Premises are declared to be public nuisances.
Upon determining that a structure or premises is an Unsafe Structure or Premises, the Building Commissioner shall issue a Notice of Unsafe Structure or Premises and notify the owner of record, occupant, mortgagee, agent, all holders of legal and equitable liens of record upon such structure and property as well as all other persons having an interest in such structure, as shown by the records maintained by the Cuyahoga County Recorder and Fiscal Officer, that the structure or premises have been declared an Unsafe Structure or Premises and:
a. The owner of record must vacate, repair or demolish the structure or premises in accordance with the terms of the Notice and the City's ordinances; and
b. The occupant must vacate such structure or premises or have it repaired in accordance with the notice to remain in possession; and
c. The mortgagee, agent, lienholder of record or other person having an interest in the structure or premises, as shown by the records maintained by the Cuyahoga County Recorder and / or Fiscal Officer, may at his or her own risk repair, vacate or demolish the structure or premises or have such work or act done; and
d. State a reasonable time, not exceeding 60 days, by which the repairs or demolition must be completed; and
e. Set forth a description of how the structure or premises are unsafe; and
f. State that if the owner of record, occupant, mortgagee, agent, all holders of legal and equitable liens of record upon such structure or premises and property as well as all other persons having an interest in such structure or premises fail to complete the necessary repair or demolish the structure within the time specified by the notice, the City will abate the conditions making the structure unsafe and seek reimbursement of its costs as provided in Section 1363.108.7.
The Building Commissioner shall cause a notice to be placed at each entrance to the structure or premises that states "Do Not Enter. Unsafe Structure [or Premises]. This Structure [or Premises] has been identified as an UNSAFE STRUCTURE [or PREMISES] by the Building Commissioner and Occupancy is Prohibited". This Notice is to remain on the Structure or Premises until it is repaired, vacated or demolished and shall not be removed unless directed to do so by the Building Commissioner.
The Notice of Unsafe Structures shall be deemed to be properly upon the persons or entities identified in Section 1363.108.2 if a copy thereof is:
a. Delivered personally; or
b. Sent by certified or registered first class mail addressed to the occupant of such property and to the owner of the property at the address listed as the owner's tax mailing address by the Cuyahoga County Auditor. If the address for the owner appearing on the tax list of the Auditor's office is that of a lending institution or other person or entity clearly recognizable as not being the owner of such property, then written notice shall be mailed to such institution, person or entity at the listed address and to the named owner(s) at the street address of the property; or
c. Sent by certified or registered first class mail addressed to the owner's last known address; or
d. Sent by Federal Express, United Parcel Service, DHL or other private parcel delivery service; and additionally
e. Posted in a conspicuous place in or about the structure affected by such Notice.
If certified mail is unclaimed, then service shall be made by first class mail and shall be deemed properly served three days after the date appearing on the envelope, inclusive of the date of mailing.
When, in the opinion of the Building Commissioner, 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 Building Commissioner shall:
a. Issue notice in compliance with Section 1363.108.3, that the structure has been declared an Unsafe Structure and poses imminent danger and:
1. Identify the conditions posing imminent danger; and
2. State that the owner of record or other party in interest must cause the abatement of the conditions posing an imminent danger within 5 days after service of the notice, or, the City will abate the conditions posing imminent danger and seek reimbursement of its costs as provided in Section 1363.108.7.
b. Cause a notice to be placed at each entrance to the structure which states "Do Not Enter. Unsafe Structure. This Structure has been identified as an UNSAFE STRUCTURE by the Building Commissioner and Occupancy is Prohibited." This Notice is to remain on the Structure until it is repaired, vacated or demolished.
If a structure is determined to be an Unsafe Structure, the Building Commissioner may cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons.
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. No person shall occupy a structure that has been designated as an Unsafe Structure, and no owner or any person responsible for the premises shall let anyone occupy an Unsafe Structure.
If the City incurs costs relating to declaring a structure to be Unsafe Structure or abating the conditions making the structure unsafe through repair or demolition, the City shall provide notice to the owner of record, occupant, mortgagee, agent, all holders of legal and equitable liens of record upon such structure and property as well as all other persons having an interest in such structure of the costs incurred and that the City will seek to certify those costs to the County Auditor. The Director of Law may take any other action necessary to collect the costs of abatement.