(a) On receipt of a report of the Housing Code Compliance Officer that a premises is in violation of the Chapter, the Board shall:
(1) Give written notice to the owner and all other persons having an interest in the premises, as shown by the land records of the Erie County Recorder’s Office, to appear before the Board on the date specified in the notice.
(2) Hold a hearing and hear testimony from the Housing Code Compliance Officer, citizens or the owner of the dwelling or premises and all other persons having an interest in the premises, as shown by the land records of the Erie County Recorder’s Office, offered relative to the fitness of the building for human habitation or use;
(3) Make written findings of fact from the testimony offered as to whether the dwelling or premises is unfit for human habitation or use; and
(4) Issue an order based upon the findings of fact made, commanding, if proper, that the dwelling or premises in violation must be demolished within 30 days. This order shall be served on all persons specified in subsection (a)(1) hereof. The order shall state that the dwelling or premises will be demolished by the City, and that there is a right to appeal the Board’s order pursuant to Ohio Revised Code Chapter 2506.
(b) The Board may grant a 30 to 90 day extension to a property owner or interested party for compliance with the provisions of this Chapter only upon a showing of satisfactory assurance to the Board that the property owner or interested party has the financial and practical capability of initiating and completing the required repairs to the premises within the time extended. After one 30 to 90 day extension has been granted, additional 30 to 90 day extensions for repairs may be granted only upon a showing to the Board of substantial progress toward completion of repairs at the owner’s premises. In the event of noncompliance, to any extent, or partial repairs to the premises by the owner, the Board may at any time declare the premises to be a public nuisance and declare that the premises be razed.
(c) If there is no compliance with the Board’s order provided for in this section after 30 days, the Board shall cause the dwelling or premises to be repaired, vacated, or demolished, as the facts may warrant under the standards provided for in this section and Section 1341.15 of this Chapter. The Board shall advise the Director of Community Development as to the particulars involved, so the appropriate action may be instituted to cause the dwelling or premises to be demolished. Should the owner fail, neglect, or refuse to pay the costs so incurred, the costs shall be paid out of the City Treasury on the certificate of the Director of Community Development, and the Director of Finance shall then certify the amount so paid to the Auditor of Erie County. The Auditor shall enter the amount on the tax duplicate of the County as a special assessment against the real estate on which the dwelling or premises requiring the work is or was situated, and the assessment shall be collected as other taxes and assessments and, when collected, shall be refunded to the City. (Ord. 04-063. Passed 1-26-04.)