§ 151.23 DETERMINATION, ISSUANCE OF ORDER AFTER HEARING.
   (A)   Determination for dwellings. After such notice and hearing as provided in § 151.21, if the inspector finds that the dwelling under consideration is unfit for human habitation he or she shall state in writing his or her findings of fact in support of that determination. The inspector shall issue and cause to be served upon the owner thereof an order to repair, alter, and improve such structure or remove or demolish the same within a specified period of time.
   (B)   Determination for all other buildings and structures. If, after notice and hearing, the inspector determines that the non-residential 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 chapter, the inspector 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.
   (C)   Limitations on order.
      (1)   If the repair, alteration or improvement of the dwelling or abandoned structure can be made at a cost of either (i) no more than 50% of the value of the dwelling or building, as determined and published most recently by the County Tax Assessor, or (ii) a reasonable cost in relation to the value of the building or structure, the order may require the owner, within the time specified, to repair, alter, or improve the building, structure or dwelling in order to render it fit for human habitation or, in the case of non-residential buildings to bring it into compliance with the standards of this chapter within a reasonable period of time, which takes into account the scope of the required repairs. The order may require that the property be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm, taking into account the nature of the necessary repairs, alterations, or improvements; the current state of the property; and any additional risks due to the presence and capacity of minors under the age of 18, or occupants with physical or mental disabilities. The order shall state that the failure to make timely repairs as directed in the order shall make the dwelling subject to the issuance of an unfit order under § 151.25, or;
      (2)   (a)   If the repair, alteration or improvement of the dwelling, building, or structure can be made at a cost of either (i) more than 50% of the value of the dwelling or building, as determined and published most recently by the County Tax Assessor, or (ii) an unreasonable cost in relation to the value of the building or structure, the order may require the owner, within the time specified, to remove or demolish the structure or dwelling within a reasonable period of time which takes into account the scope of the required repairs.
         (b)   Historic exception. However, notwithstanding any other provision of law and this chapter, if the building, structure, or dwelling is located in the Historic Landmarks and Preservation Overlay district and the Historic Preservation Commission (if any) determines, after a public hearing as provided by ordinance, that the dwelling is of particular significance or value toward maintaining the character of the district, and the dwelling has not been condemned as unsafe, the order may require that the dwelling be vacated and closed consistent with state law.
      (3)   General exception for vacant manufacturing or industrial facilities. An order may not require repairs, alterations, or improvements to be made to vacant manufacturing facilities or vacant industrial warehouse facilities to preserve the original use. The order may require such building or structure to be vacated and closed, but repairs may be required only when necessary to maintain structural integrity or to abate a health or safety hazard that cannot be remedied by ordering the building or structure closed for any use.
(Ord. passed 12-12-17; Am. Ord. 03-2023, passed 4-11-23)