The Village Review Board, hereinafter referred to as the “Board”, shall consist of the Village Building Inspector, who shall be the Mayor, one member from Council appointed by Council, and the Fire Chief. If the Fire Chief is unable to perform in respect to this chapter, then the Assistant Fire Chief shall be a member of the Board. The Board shall examine or cause to be examined every building, house or structure or portion thereof on the exterior and/or interior reported as or believed to be an unsafe building as defined in Section 1329.01.
A member of the Board having obtained consent from the property owner or tenant in possession may enter at reasonable times or such other times as may be necessary, any building, house or structure or portion thereof alleged to be unsafe or in a nuisance condition, for the purpose of making inspections and performing their duties.
If acting pursuant to actual or apparent emergency conditions, to be determined by the Board or any member of the Board, such persons described above may so enter without first obtaining consent of the property owner or tenant in possession.
If consent for entry or inspection is refused or cannot be obtained, or if for any other reason an inspector is unable to enter or obtain free access to a structure for the purpose of inspection, the inspector may apply to any court of record for an administrative inspection warrant pursuant to Ohio R.C. 2933.21(F) under any of the following circumstances:
(a) If any inspection required pursuant to law is refused, hindered or thwarted by the owner or agent of the owner;
(b) If in the opinion of the Board an inspection is necessary to determine the existence of articulable physical conditions which are or may become hazardous to the public health, safety or welfare of any person or persons; or
(c) The Board has reason to believe, based on a complaint, that hazardous or dangerous conditions exist.
(d) If the owner cannot be found.
The Board shall give written notice to the owner or owners of record, including any purchasers under a recorded land contract and to the persons occupying such building, if they are not the owners thereof. The written notice shall specifically state the defects that cause the building to be unsafe. The notice shall state that a hearing will be held before the Board at a place therein fixed not less than ten days nor more than thirty days after the serving of the notice; that the owner and parties in interest may file an answer to the complaint and appear in person, or otherwise, and give testimony at the place and time fixed in the notice, and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer. (Ord. 20-01. Passed 1-27-20.)