(a) Whenever the Director of the Department of Neighborhoods or his/her designated representative determines that a housing code violation exists that needs to be summarily abated because the condition poses an immediate hazard or danger to the health, safety or welfare of an individual or the community, the owner, as defined by Section 1726.01(b), of the property where the violation exists shall be provided written notice of the violation and an order to make necessary emergency repairs within seventy-two hours from the date of notice.
(1) The written notice shall be given to the owner, as defined in TMC Section 1726.01(b):
(A) in person to the owner or
(B) by U.S. Mail to the owners last known address or
(C) by posting notice on the premises which has been determined to be an immediate hazard or danger to the health, safety or welfare of an individual or the community.
(2) The notices of violation shall state the nature of the violation and the time period for correction and may state corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.
(3) The owner, as defined in TMC Section 1726.01(b), shall comply with the order within the time period designated on the notice- order.
(4) The housing code order, once issued by the Director, or his/her designated representative, is against the property and runs with the property notwithstanding any change(s) in the titled ownership of the property.
(b) The Director or his/her designated representative, is authorized to enter on any property to inspect for housing code violations and to summarily repair or remove or otherwise abate the condition that presents an immediate hazard or danger to the health, safety or welfare of an individual or the community regardless of any time period given to the owner of the property to make the necessary repair, removal or replacement.
(c) The owner, occupant or other person in control of such dwelling unit or accessory building may appeal any summary abatement order or summary abatement caused by the Director or his/her designee under the provisions of this chapter, but such appeal shall in no case stay the orders issued under this chapter.
(d) Whenever the Director of Health or the Director of the Department of Neighborhoods, or their designated representative declares that a housing condition constitutes an emergency situation which requires immediate action to protect the public health, safety or welfare of an individual or the community, the owner, as defined in Section 1726.01(b), of the property shall pay any and all costs incurred by the City in abating the emergency condition including all costs incurred by the City in identifying the emergency condition and legal fees for the recovery of the abatement or repair costs. If the owner of the property fails or refuses to pay the abatement costs, the costs may be assessed as a lien against the property, pursued through the collection process and/or recouped via any other feasible method by the City provided by the Ohio Revised Code.
(e) It shall not be a defense to the determination that an emergency condition as defined in this section exists, that the building, premises or location is boarded up or otherwise enclosed.
(f) Any person in the position of an owner, as defined in Section 1726.01(b), at the time an order pursuant to this chapter is issued and served upon him or her, shall be responsible for complying with that order and liable for any costs incurred by the City therewith, notwithstanding the fact that he or she conveys his or her interests in the property to another after such order was issued and served.
(Ord. 134-15. Passed 3-31-15.)