(a) The Building Commissioner may secure and barricade any building whenever:
(1) The building or structure has been deemed dangerous and unsafe pursuant to Section 1305.12, and the owner has failed to bring the building into compliance with the NBC within the time provided, but the building has not been determined as threatening to collapse or posing other immediate peril, pursuant to Section 1305.13; or
(2) The owner or person responsible has failed to comply with an order of the Building Commissioner to secure the building or structure issued pursuant to Section 1325.05.
(b) Whenever a building or structure is subject to being secured pursuant to this section the Building Commissioner shall:
(1) Serve the building owner as determined from the official land records of Hamilton County by personal delivery, by certified mail return receipt requested, or by priority mail with delivery confirmation with a notice of intent to secure.
(2) The Commissioner shall also post a copy of the notice of intent to secure on the building.
(3) The notice of intent to secure shall set forth the street address of the building and the date of intended entry on the premises in order to secure the building.
(c) Upon service of notice of intent to secure the premises pursuant to Section 1325.06(b) and upon the failure of the owner to secure the premises within the time specified in the order, the Building Commissioner shall cause it to be secured through any available public agency or contract or arrangement by private persons.
(d) Any person who owns any interest in a building other than a lien shall be jointly and severally liable for the costs incurred by the Building Commissioner pursuant to 1325.06 and for service of notice.
(e) The owner or owners shall be billed directly by priority mail with delivery confirmation certified mail, return receipt requested, or by posting a copy of the bill upon the building if the Building Commissioner is unable to contact the owner for the cost. The bill for the cost shall be paid within thirty days after receipt of the bill.
(f) If the costs are not recovered, the Building Commissioner shall recover all costs, including administrative and related costs incurred from the persons liable for such costs by either of the following:
(1) The Council Clerk shall certify the total cost together with a property description of the lands to the County Auditor who shall place the costs upon the tax duplicate. The costs are a lien upon such lands from and after the date of entry. The costs shall be collected as other taxes and returned to the City.
(2) The City may also commence a civil action to recover the total costs from the owner in a court of competent jurisdiction.
(Ord. 16-2010. Passed 4-13-10.)