(a) Unlawful Acts. No person, firm or corporation shall erect, construct, alter, extend, repair, remove, demolish, use or occupy any building or structure or equipment regulated by Norwood Property Maintenance Code (NPMC), or cause same to be done, contrary to, in conflict with or in violation of any of the provisions of NPMC.
(b) Notices and Orders. When the Code Official finds that an unsafe, dangerous or unsanitary condition exists in connection with any building, object or device governed by the provisions of NPMC, or a condition constituting a violation of NPMC or of any law or ordinance relating to the same subject matter, the Code Official shall, forthwith, give notice of such defective condition or law violation to the owner or agent in charge of such building, object, or device, the contractor or other person responsible for the work or violation, and order the same to be brought in compliance with the provisions of NPMC or related laws and ordinances.
(c) Form. Such notice shall:
(1) Be in writing;
(2) Include a description of the real estate sufficient for identification;
(3) Include a statement of the reason or reasons why the notice is being issued;
(4) Include a correction order allowing a reasonable time to bring the building, structure or premises into compliance with the provisions of NPMC;
(5) Include an explanation of the owner's right to seek modification or withdrawal of the notice by petition to the Appeals Board provided in Section 1331.15.
(d) Service of Notice. Unless otherwise specifically provided for, the service of any notice required by the provisions of NPMC to be served on the owner, agent, contractor, tenant or other person responsible for the work or violation in connection with any violation of NPMC or the construction, reconstruction, repair, removal, vacation or demolition, of any building, object or device on such property, may be made in any of the following ways:
(1) By personal service to the party to be served;
(2) By service at the residence or place of business of the party to be served;
(3) By certified mail, return receipt requested, addressed to the party to be served at his last known address;
(4) Where the residence and place of business of such party is unknown and cannot be ascertained with reasonable diligence, or where, for any other reason, personal service or service by mail cannot be made, the service shall be made by publication at least once in a newspaper of general circulation in the City, and by posting the notice in a conspicuous place upon the building, structure or premises.
(e) Failure to Comply With Notice. If, after such service of notice, the owner, agent or tenant refuse to comply with the order of the Code Official, or if, at the end of the period allowed by the notice, the direction of the Code Official to comply with the provisions of NPMC or to take down and remove has not been carried out by the owner, the Code Official shall be authorized at any time thereafter as he considers necessary for the public safety or welfare, to:
(1) Issue an adjudication order within the meaning of Ohio R.C. 119.06 to 119.13, as provided in subsection (f) hereof; or
(2) File a complaint in Mayor's court as provided in subsection (g) hereof.
(f) Adjudication Order. Every adjudication order shall specify what appliances, site preparations, additions or alterations to structures, plans, materials, assemblages or procedures are necessary for the same to comply with the applicable provisions of the NPMC. Such notice shall be given by certified mail, return receipt requested, and shall include a statement informing the party that he is entitled to a hearing if he requests it within thirty days of the time of receipt of the notice. The notice shall also inform the party that at the hearing he may appear in person, by his attorney, or by such other representative as is permitted to practice before the agency, or may present his position, arguments or contentions in writing and that at the hearing he may present evidence and examine witnesses appearing for and against him. A copy of such notice shall be mailed to attorneys or other representatives of record representing the party.
When any notice required to be sent by certified mail, is returned because of inability to deliver, the notice required shall be published once a week for three consecutive weeks in a newspaper of general circulation in the county where the last known place of residence or business of the party is located. A copy of the newspaper, with the first publication of such notice marked, shall be mailed to the party at such address and the notice shall be deemed received as of the date of the last publication.
All such notices shall require the owner or agent served to advise the Code Official within seven days of the time of mailing the notice in writing of his acceptance or rejection of terms of the notice, to wit: whether he will promptly cause the conditions specified in the adjudication order to be remedied in accordance with the provisions of NPMC; or will file an appeal to the Board of Appeals within thirty days after receipt of the notice.
Upon the issuance of any order provided for herein the person receiving such order shall cease using building, structure, appliance, materials, assemblages, manufactured product or procedure identified in the order until such time as the appeal provided for in accordance with the provisions of Section 1331.15, and all appeals from such hearing have been completed, or the order herein has been released.
If the owner or agent fails to comply with an adjudication order and the time of appeal has expired, then the Code Official shall request the Law Director to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the building or structure in violation of the provisions of NPMC or of the order or direction made pursuant thereto.
(Ord. 72-1983. Passed 11-22-83.)
(g) Mayor's Court Complaint. Every complaint filed in Norwood Mayor's Court by the Code Official shall state the conditions of the violation and shall specify the particular section of the NPMC or other City ordinance which is in violation. The Norwood Police Department shall issue a summons to the owner, agent or tenant to appear in Mayor's Court at a time and date. Failure to appear in accordance with the summons shall result in a warrant for arrest.
(Ord. 66-1996. Passed 9-10-96.)
(h) Violations. Any person who violates a provision of NPMC or fails to comply with any of the requirements thereof shall be subject to the penalties as provided in Section 1331.99.
(i) Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the Law Director from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, conduct, business or use of a building or structure on or about any premises.
(j) Recovering Costs. The Law Director at the request of the Code Official shall institute appropriate proceedings to recover the total cost incurred by the City for emergency repairs, (Section 1331.12), closing and securing unsafe or vacant structures (Sections 1331.11 and 1331.13), demolition (Section 1331.14), and other corrections required for any violation. Costs shall include cost of service or publication of notice, investigations and tests and outside professional or expert help. The total cost shall be certified whether such costs are incurred due to the use of employees, materials and equipment of the City or by contract for labor, materials and equipment, or both.
The cost shall be recovered in the following manner:
(1) The owner or owners shall be billed directly by certified mail, return receipt requested, for the cost. The bill for the cost thereof shall be paid within thirty days after receipt of the bill.
(2) If the costs are not so recovered, the total cost shall be certified by the Clerk of Council to the County Auditor and placed upon the tax duplicate. Such costs are a lien upon such lands from and after the date of entry and shall be collected as other taxes and returned to the City (See Ohio R.C. 715.261).
(Ord. 72-1983. Passed 11-22-83.)
(Ord. 72-1983. Passed 11-22-83.)