(A) The State, County and Village Building Departments, within their respective areas of jurisdiction, are hereby authorized to inspect all buildings and structures in the village. If, in the judgment of the inspector, any building is unsafe or in a condition or situation dangerous to the safety of persons residing therein or passing by the same, or liable to injure an adjacent building, the State, County or Village Building Department shall notify the owner or the agent of the owner of the building to have the same removed or properly repaired within a specified time after a written notice is served upon such owner or agent by such agency. If the owner or agent, after the time specified in such notice, fails or neglects to comply with the terms of such notice, the agency shall proceed forthwith to have such building demolished or so much thereof as may be necessary to protect the safety of persons or property. The cost of demolishing such building shall be paid out of the general fund of the village and a statement thereof presented to such owner or agent. If such costs are not repaid within ten days, the Village Solicitor shall forthwith institute suit against such owner or agent for the amount thereof.
(B) In addition to division (A) of this section, the Village Administrator may follow the procedures of R.C. §§ 715.26 and 715.261 for the removal and repair of insecure, unsafe or structurally defective buildings or others structures.
(C) Appeals.
(1) Any, owner, person in charge or occupant of a building, other structure or premises aggrieved by an order issued pursuant to the provisions of this section may, within ten days of the service of the order, appeal such order to the Village Planning Commission, hereafter Commission. By filing a notice of appeal with the Village Administrator accompanied by a fee of $30, which fee shall be refunded if the Administrator’s decision is wholly reversed. The Administrator shall transmit the file relating to the order to the Commission, which order shall be defended by the Administrator. The Commission shall serve written notice, by personal service or by certified mail, upon the appellant of the time, place and date of the hearing upon appeal. The Commission shall proceed to hear the appeal within 30 days after notice of appeal has been filed by the appellant, providing that notice of the date of hearing shall be served upon the appellant not less than five days prior to the time such hearing is commenced. Failure of the appellant to appear at the time and place set for the hearing shall be deemed to be a withdrawal of the appeal and the Commission shall affirm the order of the Administrator.
(2) Provided further than the Commission shall have authority to grant one continuance of the date of hearing, upon application of the appellant, for good cause shown, which continuance shall not exceed 20 days. Such granting of any additional time to perform work required by order of the Administrator shall be conditioned upon the posting of performance bond by the applicant. The purpose of the bond shall be to ensure that the work is performed in a timely manner and in compliance with the Administrator’s Order. The bond shall be posted within ten calendar days of the granting of additional time. Failure to post bond shall result in the appeal being denied and the demolition order being in full effect. The amount of the bond shall be in cash, money order, or certified check and shall be in the following amounts:
Bond Schedule
Residential: $15,000 bond or $5,000 cash or certified check
Commercial: $50,000 bond or $20,000 cash or certified check
Industrial: $50,000 bond or $20,000 cash or certified check
(3) If the appealing party fails to perform, the bond shall be forfeited and applied as necessary to secure or raze the structure. If the repairs are completed to the satisfaction of the Administrator, the bond or remaining balance thereof shall be returned to the appealing party.
(4) In case an appeal from an order of the Fire Chief, appeal shall be taken to the State Fire Marshall according to law.
(`94 Code, § 1357.01) (Am. Ord. 2-98, passed 2-24-98; Am. Ord. 12-2009, passed 5-26-09; Am. Ord. 6-2013, passed 3-26-13; Am. Ord. 14-2013, passed 6-25-13)