(A) Any abandoned structure that is a health or safety hazard as a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children, or frequent use by vagrants as living quarters in the absence of sanitary facilities shall be repaired, closed or demolished. It shall be unlawful for the owner of an abandoned structure to allow the abandoned structure to become or to remain a health or safety hazard as defined in this division.
(B) (1) The Code Enforcement Official shall have the authority to attempt to accomplish the repair, closing or demolition of unsafe abandoned structures through the procedures set out in § 151.039, except that if the estimated cost to repair the structure is 50% or more of its value, the structure shall be considered dilapidated, and the Code Enforcement Official shall order that it be demolished and removed.
(2) Upon the failure of the owner of an unsafe abandoned structure to comply with an order of the Code Enforcement Official to repair, close or demolish the structure, the Code Enforcement Official shall present the matter to the Town Council. If the Town Council finds that the abandoned structure is unsafe pursuant to division (A), it may adopt an ordinance ordering the Code Enforcement Official to cause the abandoned structure to be repaired, closed or demolished. Each ordinance shall be recorded as provided in § 151.041, and the cost of any repair, closing or demolition caused to be made by the Code Enforcement Official shall be a lien on the premises as provided in § 151.042.
(C) For purposes of divisions (A) and (B) above, the term
ABANDONED STRUCTURE shall mean any structure that has not been occupied or used, by its owner or by some person acting under authority of its owner, for a continuous period of 30 days or longer.
(D) If the Town Council shall have adopted an ordinance, or the Code Enforcement Official shall have issued an order ordering a dwelling to be repaired or vacated and closed, as provided in § 151.039, and if the owner has vacated and closed the dwelling and kept the dwelling vacated and closed for a period of one year pursuant to the ordinance or order, if the Town Council shall find that the owner has abandoned the intent and purpose to repair, alter or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, morals and welfare of the town in that the dwelling would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area, and would render unavailable property and a dwelling which might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this state, the Town Council may, after the expiration of the one-year period, enact an ordinance and serve the ordinance on the owner, setting forth the following:
(1) If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding 50% of the then-current value of the dwelling, the ordinance shall require that the owner either repair or demolish and remove the dwelling within 90 days; or
(2) If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding 50% of the then-current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within 90 days.
(Ord. 2008-02, passed 5-13-2008)