1311.04 UNSAFE AND UNFIT BUILDINGS.

   (a)   An unsafe building is one that is found to be dangerous to the life, health, or safety of the public or of the occupants of the building, by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such building contains unsafe mechanical or electrical equipment or is so damaged, decayed, dilapidated, structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible. A building is unfit for human occupancy when it is unsafe, or unsanitary due to inadequate means of egress, inadequate illumination or ventilation, is dangerously infested by animals, birds or insects, contaminated by human or animal waste, lacks functioning sanitary facilities, or cannot be secured by its occupants against the elements.

   (b)   When a building is found by the Building Director to be unsafe or unfit for human occupancy, the Building Director may, in a notice issued under Section 1311.03, order that use of the building or the affected portion thereof cease, and that the building or the affected portion thereof be vacated and secured against casual entry until the unsafe or unfit conditions are corrected or the building is demolished. Notices issued under this section shall be served in accordance with Ohio R.C. 715.26(B). Once use the of the building or affected portion has been ordered to cease, such use shall not be resumed until a certificate of completion of repairs has been issued by the Building Director.

(Ord. 2022-84. Passed 5-9-22.)

1311.05 NONCOMPLIANCE WITH NOTICE.

   (a) Whenever the owner of a premises or any known agent, operator or contractor of the owner in control of the premises, the building or the affected work fails, neglects or refuses to comply with any notice of the Building Director or his designated representative, the Building Director or such designated representative may initiate any of the enforcement provisions provided in this Building Code.

      (b) Whenever the owner of a premises or any known agent, operator or contractor of the owner in control of the premises, the building or the affected work fails neglects or refuses to comply with a notice to vacate and secure, or demolish, an unsafe or unfit building issued by the Building Director, the Building Director may enforce the orders of such notice of vacation and cause the structure or premises or part thereof, to be vacated, boarded and/or otherwise secured, or demolished in accordance with the terms of such notice.

     (c) Whenever the owner of a premises or any known agent, operator or contractor of the owner in control of the premises, the building or the affected work fails, neglects or refuses to comply with a notice to demolish such building, structure or part thereof, or a secondary or appurtenant structure, issued in accordance with the provisions of this Building Code and when such building, structure or part thereof is determined by the Building Director to be unsafe or unfit for human occupancy, the Building Director may request the Law Director to institute legal proceedings to, or to take such other action as may be necessary to abate the nuisance.

      (d) No person who has received a notice provided for in Section 1311.03 shall sell or enter into an agreement to sell or lease or otherwise transfer control of the subject building or premises without first disclosing the existence of such notices to the prospective purchaser, lessee, or transferee. (Ord. 2022-84. Passed 5-9-22.)

1311.06 CASES OF EMERGENCY.

   Whenever, in the opinion of the Building Director, the condition of structure or premises, or part thereof, constitutes an immediate hazard to human life or health, he may abate any immediate hazard and he may declare a case of emergency and shall immediate vacation of the structure or premises, or part thereof. Such notice, if not immediately remedied and abated by the Director, shall be served in the manner provided in Section 1311.03, but shall require immediate compliance. The reasonable costs of abatement of an immediate hazard shall be paid to the City prior to reoccupancy of the property or structure.

(Ord. 1999-02. Passed 1-11-99.)