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(a) When any building or structure in the City is reported to the Building Official to be dangerous to the public, or to persons occupying or using the building or structure, or when such fact becomes known to the Building Official, or when the Building Official has reasonable cause to believe that such is the case, the Building Official shall inspect the building or structure. If, upon inspection, any building or structure, or any part, portion, or appurtenance of the same is found to be imminently dangerous to the public, or unfit for occupancy or use, the Building Official shall immediately notify the owner of the property of the condition thereof, and shall order the owner to vacate the structure, or to cause its vacation, and/or to suspend the use of the same, and to institute the necessary repairs or other corrective measures; or where appropriate, to secure the structure until such time as the necessary repairs and corrective measures are effected. The order shall be in written form, and shall specify the building or structure, or the part, portion, or appurtenance thereof found to be dangerous or unfit, and shall specify the repairs to be made, or other corrective measures to be effected, and shall direct the owner to cause the repairs to be made, or the other corrective measures to be effected, and that unless the same are effected in a diligent manner pursuant to and consistent with this chapter, and with the direction of the Building Official, the building or structure shall be demolished. The order shall direct that such repairs or other corrective measures, or demolition, shall be initiated within a period of thirty days from and after the service of the notice, and that the same shall proceed pursuant to this chapter, and the direction of the Building Official, and in compliance therewith, without interruption, and with due diligence until completed;
(b) For the purposes of this chapter, "diligence", "due diligence", and "diligent manner" shall mean action or activity which is initiated promptly and in compliance with this chapter, and in compliance with the directions of the Building Official, and which continues in a methodical, continuous, and workmanlike manner until conclusion of the same with only such interruptions or delays which are reasonably consistent with the work process, or which are necessitated by exigent circumstances and/or occurrences which are beyond the effective direction or control of the owner;
(c) An owner of a structure or building condemned under this section who elects to pursue the rehabilitation or repair of the subject structure or building, pursuant to this chapter shall be afforded an initial period of time within which to complete the necessary rehabilitation or repairs on the conditions that the owner shall initiate the necessary rehabilitation or repairs within thirty days from and after the service of the condemnation notice as set forth in this chapter; that the owner enter into a compliance agreement on the form as prescribed by the Department of Engineering Services; that the owner proceeds to effect the same with due diligence until completed; and shall comply with all policies and procedures of the Department of Engineering Services promulgated in accordance with this section. The initial period to be allowed for the purpose of rehabilitation and repairs under this section shall be set in accordance with the policies and procedures promulgated by the Department of Engineering Services in conjunction with the estimate of the Building Official as to the period within which said rehabilitation and repairs reasonably should be expected to be fully completed, and shall be entered in written form upon the record of the Building Official in the matter.
(d) Policy making authority. The Department of Engineering Services shall have powers as may be necessary in the interest of public safety, health and general welfare, to adopt and promulgate procedures and policies to interpret and implement the provisions of this section to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions; but such rules shall not have the effect of waiving working stresses or fire protection requirements specifically provided in the City Building Codes or any code adopted herein or violating approved practice involving public safety.
(e) As to any owner of a building or structure who gives notice of his or her intention to initiate and to complete the rehabilitation and repair of a condemned building or structure, and fails to initiate the same in a timely fashion as required by this chapter, or, after having given such notice, and initiated such rehabilitation and repairs, fails to proceed the same with due diligence, and within the time parameters set out in this chapter and allowed thereby, the order of demolition shall become effective, and upon written notice to the owner delivered to him or her personally or via Certified United States Mail, according the owner fourteen days' prior notice, the demolition order shall become effective, the building shall be demolished, and any cash or surety bond previously posted shall be forfeit to the extent of the actual cost and expense of the demolition. Any party aggrieved by an action or omission of the Building Official in relation to such a demolition order shall have and enjoy the right and privilege of appeal as to the same to the Residential Building Code Board of Appeals pursuant to this chapter, and these Codified Ordinances;
(f) Rehabilitation or repairs effected to a condemned building or structure pursuant to this chapter shall be effected and completed in full compliance with the applicable codes, statutes, ordinances, and regulations of the City of Sandusky, Ohio, and the State of Ohio;
(g) Transfer of ownership. No owner of any dwelling or structure who has received an order issued pursuant to this section or upon whom a notice of violation has been served shall sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the order or notice of violation have been complied with, or until such owner is responsible for the reasonable care of the proper use and operation thereof.
(Ord. 05-119. Passed 7-25-05.)