(A) Preliminary investigation. Whenever it appears to the Code Enforcement Coordinator or Officer that any nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public are jeopardized for failure of the property to meet the minimum standards established by this subchapter, the Code Enforcement Coordinator or Officer shall undertake a preliminary investigation.
(B) Complaint and hearing. If the preliminary investigation discloses evidence of a violation of the minimum standards established by this subchapter, the Code Enforcement Coordinator or Officer shall issue and cause to be served upon the owner of and parties in interest in the nonresidential building or structure a complaint. The complaint shall state the charges and a place therein fixed, not less than ten days nor more than 30 days after the serving of the complaint; that the owner and parties in interest shall be given the right to answer the complaint and to appear in person, or otherwise, and give testimony at the place and timed fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Code Enforcement Coordinator or Officer.
(C) Procedure after hearing.
(1) If, after notice and hearing, the Code Enforcement Coordinator or Officer determines that the nonresidential building or structure has been maintained in that the property meets the minimum standards established by this subchapter, the Code Enforcement Coordinator or Officer shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof a copy of the determination.
(2) If, after notice and hearing, the Code Enforcement Coordinator of Officer determines that the nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards established by this subchapter, the Code Enforcement Coordinator or Officer shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order in accordance with the provisions of divisions (C)(3) and (C)(4) below and subject to the limitations set forth in §§ 151.178 and 151.179.
(3) If the Code Enforcement Coordinator or Officer determines that the cost of repair, alteration or improvement of the building or structure would not exceed 50% of its then current value, then the Code Enforcement Coordinator or Officer shall state in writing the findings of fact in support of the determination and issue an order that requires the owner, within a reasonable time specified in the order, to either:
(a) Repair, alter or improve the nonresidential building or structure in order to bring it into compliance with the minimum standards established by this subchapter; or
(b) Vacate and close the nonresidential building or structure for any use.
(4) If the Code Enforcement Coordinator or Officer determines that the cost of repair, alteration or improvement of the building or structure would exceed 50% of its then current value, then the Code Enforcement Coordinator or Officer shall state in writing the findings of fact in support of the determination and issue an order that requires the owner, within a reasonable time specified in the order, to either:
(a) Remove or demolish the nonresidential building or structure; or
(b) Repair, alter or improve the nonresidential building or structure to bring it into compliance with the minimum standards established by this subchapter.
(D) Failure to comply with order and ordinance.
(1) If the owner fails to comply with an order to either repair, alter or improve the nonresidential building or structure or vacate and close the nonresidential building or structure, the Code Enforcement Coordinator or Officer shall submit to the Board of Commissioners an ordinance ordering the Code Enforcement Coordinator or Officer to cause the nonresidential building or structure to be repaired, altered or improved in order to bring it into compliance with the minimum standards established by this subchapter or to be vacated and closed for any use. The property shall be described in the ordinance. If Board of Commissioners adopts the ordinance, the Code Enforcement Coordinator or Officer shall cause the building or structure to be vacated and closed for any use.
(2) If the owner fails to comply with an order to either remove or demolish the nonresidential building or structure or repair, alter or improve the nonresidential building or structure, the Code Enforcement Coordinator or Officer shall submit to the Board of Commissioners an ordinance ordering the Code Enforcement Coordinator or Officer to cause the nonresidential building or structure to be removed or demolished. No ordinance shall be adopted to require removal or demolition of a nonresidential building or structure until the owner has first been given a reasonable opportunity to bring in into conformity with the minimum standards established by the Board of Commissioners. The property shall be described in the ordinance. If the Board of Commissioners adopts the ordinance, the Code Enforcement Coordinator or Officer shall cause the building or structure to be removed or demolished.
(Ord. 14-2021, passed - -)