(a) There is hereby organized a Board of Appeal which shall be comprised of the Safety Director, Service Director or Service Department Superintendent, Fire Chief and two City residents who hold no elective office in the City of Sheffield Lake, and who are appointed by the Mayor for a term of two years.
(Ord. 29-16. Passed 6-14-16.)
(b) Should a majority of the Board of Appeal, after the inspection of the premises as provided for in Section 1351.06, on which it is recorded that a public nuisance exists, be of the opinion that a public nuisance does exist, but that the nature thereof is not such as to require the summary abatement of such nuisance, photographs and reports of their findings, as provided for in Section 1351.06, shall be made and filed with the Building Inspector.
It shall further be the duty of the Building Inspector to serve written notice on the person, persons, firm or corporation having an interest in the aforesaid property, to be issued as defined in Section 1351.03(d) and (e). The aforesaid notice shall state, in brief, the findings of the Building Inspector, with respect to the existence of a dangerous building or public nuisance as defined in Sections 1351.01 and 1351.02, and shall further state that unless the owner or owners thereof cause the abatement of the dangerous building or public nuisance within sixty days after the service of the notice, the same will be abated by the City at the expense of such owner or parties in interest as provided for in subsection (d) hereof. The owner or parties in interest may at any time after receipt of the notice make a request in writing or in person to the Building Inspector, to be furnished with a written list of the items which are alleged to constitute the public nuisance and which are alleged to be in need of repair or replacement.
The owner or parties in interest may make immediate application in writing or in person to the Building Inspector for a building permit to undertake the repair or replacement of items alleged to constitute the public nuisance. The Building Inspector, upon being furnished by the owner or parties in interest with the complete plans and specifications covering such repairs or replacements, in conformity with the Codified Ordinances of the City, shall, upon approval of the plans and specifications, cause a building permit to be issued to the owner or parties in interest. The Building Inspector may grant more than six days to the owner or parties in interest in which to effect the repairs and/or replacements.
The owner or parties in interest may, within fourteen days after receipt of such notice, make a demand in writing to the Building Inspector for a hearing on the question of whether in fact a public nuisance, as defined by Sections 1351.01 and 1351.02, exists and/or whether more than fifteen days should be granted to the owner or parties in interest to abate the public nuisance. The hearing shall be held within ten days following the receipt of the written note demand and at least two days notice of the hearing shall be given to the owner or parties in interest. The hearing shall be conducted by the Board of Appeal. A majority of the Board of Appeal must find that a public nuisance exists, as defined by Sections 1351.01 and 1351.02, before enforcement of the abatement is carried out. A majority of the Board may amend or modify the notice and/or an order, or extend the time for compliance by the owner of parties in interest with parts of the abatement by such date or dates as such majority may determine.
A copy of the decision of the hearing shall be promptly served upon the owner or parties in interest in the manner provided for in Section 1351.03. The decision of the Board of Appeal shall be final and conclusive unless the owner or parties in interest file, within fifteen days after the aforesaid decision is rendered, an action in or appeal to a court of competent jurisdiction; otherwise the same shall be final and conclusive at the termination of such action or appeal proceedings as determined by the court.
(d) If the owner, occupant, mortgagee, lessor or lessee fails to comply with the order provided for in subsection (b) hereof, within fifteen days from the day the first notice was issued by the Building Inspector under any provisions of this chapter or any rule or regulation adopted pursuant thereto, the Board of Appeal shall cause such building or structure to be repaired, vacated or demolished, as the facts may warrant, under the standard hereinbefore provided in Section 1351.01 or Section 1351.02, and shall, with the assistance of the Director of Law, cause the cost of such repair, vacation or demolition to be charged against the land on which the building existed as a Municipal lien, or cause such costs to be added to the tax duplicate as an assessment or to be levied as a special tax against the land upon which the building stands or would stand or to be recovered in a suit of law against the owner. In cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of the City, the Building Inspector shall notify the Director of Law to take legal action to force the owner to make all necessary repairs or demolish the building.
(Ord. 83-66. Passed 12-27-66.)