(A) City to perform repairs. Upon the failure, neglect or refusal of any owner or agent so notified, to properly correct violations within 30 days after written notice provided for in §§ 91.32(F) and 91.33, the City Manager or his designee is hereby authorized and empowered to repair the premises and to pay for the work required thereby done at the expense of the city. The amount of money expended therefor shall be a valid claim against such owner, occupant or person in charge and a lien upon such land which may be enforced by suit in any court of competent jurisdiction, or the city may certify the total costs with a proper description of the premises to the Hamilton County Auditor who shall place such costs upon the tax duplicate. The costs are a lien upon such lands and after the date of entry shall be collected as other taxes and returned to the city.
(B) City to remove building; public hearing. Whenever a building or structure has been deemed to be dangerous and unsafe or unfit for occupancy and such building or structure has not been brought into compliance with the provisions of this code, or taken down and removed, the City Manager or his designee shall take the following successive steps:
(1) Schedule a public hearing for the purpose of determining whether or not the building in question is unfit for occupancy shall be demolished by governmental action;
(2) Send notices to all known parties of interest in the property, as determined by a diligent search of the records of Hamilton County, by certified mail not less than ten days prior to the public hearing;
(3) Post a copy of the notice of the public hearing on the subject building or premises not less than ten days prior to the hearing;
(4) Publish the notice of the public hearing in any newspaper of general circulation in the city at least once a week for not less than two consecutive weeks prior to the public hearing;
(5) Hold the public hearing at which pertinent testimony concerning the condition of the building may be received from any known parties of interest in the property, representatives from neighborhood organizations, Police and Fire Departments, the Department of Building Code Enforcement and Inspections and the property manager;
(6) Render a ruling in light of personal observation and the testimony received at the public hearings and notify all known parties of interest in the property of his decision.
(C) Demolition by government action. If, as a result of a public hearing conducted in accordance with subsection (B) hereof, the City Manager or his designee declares the building in question to be unfit for occupancy in fact, and therefore in the interest of public safety, health and welfare it should be demolished by governmental action, he shall be authorized to take the following steps:
(1) Notify all known parties of interest in the property of his decision by certified mail, by publication at least once in any newspaper of general circulation in the city and by posting a notice of his decision upon the building or premises concerned;
(2) Not less than ten days after the notification as set forth in subsection (C)(1) hereof, enter upon the premises concerned with sufficient force to take down and remove the subject building;
(3) Demolish such building, and certify the total costs with a proper description of the premises to the Hamilton County Auditor to be placed on the tax duplicate and collected as other taxes and returned to the city. The city may also recover total costs in a civil action against the owners of record.
(D) Abatement of nuisances. Whenever a nuisance exists, or is established in or by a criminal action, the city may use the remedies provided in R.C. § 3767.01 et seq. to abate the nuisance and to perpetually enjoin the person maintaining the nuisance from further doing so.
(Ord. 99-3043, passed 10-14-99)