(a) Whenever the addressee of the order and notice provided for in Section 1370.15 fails, neglects or refuses to comply with such order and notice, the Building Official and/or Codified Code Enforcement Officer, established by Section 131.02 of the Codified Ordinances of the City of Rocky River, shall have the authority to issue a citation in accordance with Section 1370.99 of this Code.
(b) The following standards shall be substantially followed by the Building Official and/or Codified Code Enforcement Officer when ordering corrective action pursuant to Section 1370.15.
(1) All buildings and structures which have any one or a combination of the following defects shall be deemed and are hereby declared to be prima-facie public nuisances:
A. Interior walls or other vertical structural members which list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base.
B. Exclusive of the foundations, thirty-three percent (33%) or more of damage or deterioration of the supporting member or members, or fifty percent (50%) or more of damage or deterioration of the non-supporting enclosure or outside walls or covering.
C. Improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
D. Damage by fire, wind or other causes so as to have become imminently dangerous to life, safety, morals, property, health or welfare of the occupants or the public.
E. Are so dilapidated, decayed, unsafe, unsanitary or so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of the occupants thereof.
F. Light, air or sanitation facilities inadequate to protect the health, morals, safety or general welfare of the occupants thereof.
G. Inadequate facilities for egress in case of fire or panic.
H. Parts thereof which are so loosely attached that they may fall and injure the occupants.
I. General condition making it unsafe, unsanitary or a hazard to the health, morals, safety, property, or general welfare of the occupants or public.
(2) If the conditions constituting a violation of this Code, including those described in Subsection (b)(1) hereof can be reasonably corrected without demolition or removal, such conditions shall be ordered corrected.
(3) If such conditions, including those described in Subsection (b)(1) hereof are such as to make the building or structure or part thereof imminently dangerous to the health, morals, safety, property or general welfare of its occupants or the public, it or such part shall be ordered to be vacated immediately.
(4) In any case where a building or structure described in Subsection (b)(1) hereof is:
A. Fifty percent (50%) damaged or decayed or deteriorated from its original value or structural soundness:
B. Conditions described in Subsection (b)(1) hereof cannot be corrected without demolition or removal, or
C. Is a fire hazard existing or erected in violation of the terms of this Code or any ordinance of the City or laws of the State of Ohio, it shall be demolished or removed.
(c) Whenever the responsible person fails, neglects or refuses to comply with an order to vacate issued by the Building Official or Codified Code Enforcement Officer, or the Board, the Director of Law shall institute legal proceedings to enforce such order in accordance with its terms.
(d) Except as provided in subsection (e) below, if the responsible person, after being given notice to comply and an opportunity to be heard as provided in this Section 1370.15, fails, neglects or refuses within thirty (30) days to comply with the City's order to correct the violation of the Code, the City may take such action required by such order, by force account or by contract, or the Director of Law may institute legal proceedings to compel compliance with the order.
(e) For a violation of Section 1370.13(f) above, if the responsible person, after being given notice to comply as provided in Section 1370.15 above, fails, neglects or refuses within forty-eight (48) hours to comply with the City's order to correct the violation of the Code, the City may take such action required by such order, by force account or by contract, or the Director of Law may institute legal proceedings to compel compliance with the order.
(Ord. 120-03. Passed 7-14-03.)