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(a) Declaration of Unsafe Buildings or Structures. All buildings or structures, for the purpose of this section, are declared to be unsafe buildings or structures:
(1) Insecure, unsafe or structurally defective;
(2) Not provided with adequate exits;
(3) Dangerous to human life; or
(4) Creating a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, collapse, partial collapse or abandonment.
(b) Declaration of Nuisance. All such unsafe buildings and structures are hereby declared to be public nuisances, which shall be abated by repair, rehabilitation, removal and/or demolition.
(c) Notice to Owner.
(1) The City Manager or designee (hereinafter “Inspector”) shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged, and if found to be an unsafe building or structure as defined in division (a) hereof, shall give to the owner of such building or structure and holders of equitable and/or legal lien(s) (hereinafter “lien holders”) of record written notice stating the defects thereof. This notice shall require the owner, within 30 days, to apply for and receive the proper building authorizations and zoning certificates from the City for the defects thereof, if applicable, and then commence either the required repairs, improvements or demolition and removal of the building or structure or portions thereof. This notice shall also state the City's intention with respect to removal, demolition, repair, and/or any other action relative to the unsafe building(s) or structure(s). If necessary, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the required repairs, removal, demolition and/or improvements are completed, inspected and approved by the Inspector.
(2) Service of such notice shall be by certified mail upon the owner(s) and lien holder(s) of record. The 30-day period within which such owner is required to comply with the order of the Inspector shall begin on the earliest of the following events: receipt of notice, constructive notice, or three days following notice being sent via certified mail.
(3) Emergency work:
A. In case there shall be actual and immediate danger of failure, fire or collapse of a building or structure or any part thereof so as to endanger life or property, the Inspector shall cause the necessary work to be done to render the building or structure or part thereof temporarily safe. If the building or structure is in a state of decay such that it is impracticable to be repaired or made temporarily safe, the Inspector may order the building or structure razed or demolished. Action may be taken whether the procedure elsewhere in this chapter has been instituted or not.
B. For the purpose of carrying out the provisions of this section, the Inspector may employ such supervisors, workmen, equipment, materials or contractors as may be necessary.
(d) Equitable Remedy. Upon the failure of an owner to comply with a notice issued pursuant to division (c) hereof, the Inspector shall notify Council of such failure and thereupon Council may order the repair, improvement, demolition or removal of the building or structure, or portions thereof. The cost of the repair, improvement, demolition or removal shall be borne by the owner(s). Upon his or her failure to pay such cost upon completion of the work, the cost shall be certified to the County Auditor for collection as other taxes and shall be a lien upon the premises of the owner thereof. Such improvement may, at the discretion of Council, be done by the City or by advertising for contracts as otherwise provided by law.
(e) Unsafe Buildings to be Removed or Repaired. No insurance company(ies) doing business in the State of Ohio shall pay a claim of (a) named insured(s) or lienholder(s) for fire damage to a building or other structure located within the City where the amount recoverable for the fire loss to the building or other structure under all insurance policies exceeds five thousand dollars ($5,000.00) and the loss equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure unless there is compliance with the following procedures:
(1) When the loss agreed to between the named insured(s) or lienholder(s) and the insurance company(ies) equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure, the insurance company(ies) in accordance with Ohio R.C. 715.26(F), shall transfer from the insurance proceeds to the Treasurer in the aggregate of two thousand dollars ($2,000.00) for each fifteen thousand dollars ($15,000.00), and each fraction of that amount, of a claim, or if at the time of a proof of loss agreed to between the named insured(s) or lienholder(s) and the insurance company(ies) the named insured(s) or lienholder(s) have submitted a contractor's signed estimate of the costs of removing, repairing, or securing the building or other structure, shall transfer from the insurance proceeds the amount specified in the estimate.
Such transfer of proceeds shall be on a pro rata basis by all companies insuring the building or structure. Policy proceeds remaining after the transfer to the City may be disbursed in accord with the policy terms.
The named insured(s) or lienholder(s) may submit a contractor's signed estimate of the costs of removing, repairing, or securing the building or other structure after the transfer, and the Treasurer shall return the amount of the funds in excess of the estimate to the named insured(s) or lienholder(s), provided that the City has not commenced to remove, repair or secure the building or other structure.
(2) Upon receipt of proceeds by the City as authorized by this section, the Treasurer shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing the building or structure incurred by the City, pursuant to Ohio R.C. 715.261 and the provisions of this chapter.
When transferring the funds as required in this division (d), the insurance company(ies) shall provide the City with the name and address of the named insured(s) or lienholder(s), whereupon the City shall contact the named insured(s) or lienholder(s), certify that the proceeds have been received by the City and notify them that the following procedure will be followed: The funds shall be returned by the Treasurer to the named insured(s) or lienholder(s) when repairs, or removal or securing of the building or other structure have been completed and the required proof has been received by the Director of Public Services, provided that the City has not incurred any costs for repairs, removal or securing. However, the funds shall be returned to the named insured(s) or lienholder(s) no later than 60 days after the Public Services Director receives the required proof. If the City has incurred any costs for repairs, removal or securing of the building or other structure, such costs shall be paid from the fund, and if excess funds remain, the City shall transfer, no later than 60 days after all such costs have been paid, the remaining funds to the named insured(s) or lienholder(s) after repair, rebuilding, or removal has been completed. Nothing in this section shall be construed to limit the ability of the City to recover any deficiency under Ohio R.C. 715.261.
Nothing in Ohio R.C. 3929.86(C), as adopted by this division (d), shall be construed to prohibit the City and the named insured(s) or lienholder(s) from entering into an agreement that permits the transfer of funds to the named insured(s) or lienholder(s) if some other reasonable disposition of the damaged property has been negotiated.
(Ord. 589. Passed 10-20-55; Ord. 10-2011. Passed 8-18-11; Ord. 15-2014. Passed 11-6-14.)