a. Unlawful Acts. In addition to all other penalties set forth in the Codified Ordinances of the City of North Olmsted, including Chapter 1364, it shall be unlawful for any owner or occupier of a structure or dwelling unit, to knowingly or recklessly allow a structure or dwelling unit to exist in a dangerous or uninhabitable condition. Whoever violates this section is guilty of a misdemeanor of the first degree. Each day that the dangerous or uninhabitable condition exists in or on the structure or dwelling unit shall constitute a separate offense. This section does not require the issuance of a Notice of Violation as a prerequisite to criminal prosecution.
b. Notice of Dangerous, Uninhabitable Structure or Dwelling Unit. Upon finding a dangerous, uninhabitable structure or dwelling unit, the City shall issue a Notice of Dangerous, Uninhabitable Structure or Dwelling Unit 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 a Dangerous, Uninhabitable Structure or Dwelling Unit as follows:
i. The owner of record must vacate, repair or demolish the structure or dwelling unit in accordance with the terms of the Notice and the City's ordinances; and
ii The occupant must vacate such structure or dwelling unit or have it repaired in accordance with the terms of the Notice to remain in possession; and
iii. 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 dwelling unit or have such work or act done; and
iv. State a reasonable time, not exceeding 60 days, by which the repairs or demolition must be completed; and
v. Set forth a description of how the structure or dwelling unit is dangerous or uninhabitable; and
vi. 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. The City shall cause a notice to be placed at each entrance to the dangerous, uninhabitable structure or dwelling unit that states "Do Not Enter. Dangerous, Uninhabitable Structure. This Structure/Dwelling Unit has been identified as a DANGEROUS, UNINHABITABLE STRUCTURE by the Building Commissioner and Occupancy is Prohibited." This Notice is to remain on the structure until it is repaired, vacated or demolished and shall not be removed unless directed to do so by the Building Commissioner.
Method of service for any Notice of Dangerous, Uninhabitable Structure or Dwelling Unit shall comply with the provisions of Section 1364.106.3.
It shall be unlawful for any person to enter a structure determined to be a Dangerous, Uninhabitable Structure or Dwelling Unit except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same, if such structure has been properly labeled as 1364.107.1.b.vi. No person shall occupy a structure that has been designated as a Dangerous, Uninhabitable Structure or Dwelling Unit, and no owner or any person responsible for the premises shall let anyone occupy a Dangerous, Uninhabitable Structure or Dwelling Unit.
If the City incurs costs relating to declaring a structure to be Dangerous, Uninhabitable Structure or Dwelling Unit or abating the conditions making the structure a Dangerous, Uninhabitable Structure or Dwelling Unit 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.
Appeals shall be addressed as set forth in Section 1364.108, "Means of Appeal."
(Ord. 2015-63. Passed 9-1-15.)
(Ord. 2015-63. Passed 9-1-15.)