(a) General. The Code Official may order the owner(s) of any premises upon which is located any structure or part thereof, which in a duly authorized Code Official's judgment is so old, dilapidated, or has become so out of repair so as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use such that it would be unreasonable to repair the same, to raze and remove such structure or part thereof; or if it can be made safe by repairs, to repair and make safe and sanitary, or to raze and remove at the option of the owner(s); or, where there has been a cessation of normal construction of any structure for a period of more than two years, to raze and remove such structure or part thereof.
(b) Unreasonable Repairs. Whenever the Code Official determines that the cost of such repairs would exceed one hundred percent (100%) of the current value of such structure, based upon the county auditor's tax valuation of the property or as determined by a qualified real estate appraiser, such repairs shall be presumed unreasonable and it shall be presumed for the purpose of this section that such structure is a public nuisance which may be ordered razed without option on the part of the owner to repair. If a property owner disagrees with a Code Official's determination that it would be unreasonable to repair the property, the owner may appeal the Code Official's determination pursuant to subsection (d) below.
(c) Order. The order, which shall be in writing and posted by a Code Official in a conspicuous place on the property, shall include a description of the real estate sufficient for identification; shall specify a reasonable time in which the owner(s) shall comply with the corrective action required; shall specify the reason the order was issued and the repairs and corrective action required; and shall notify the owner(s), all lienholders of record, and other interested parties of the right to appeal the Code Official's order within fifteen days of service of the order. The order shall be served on the owner(s) of record; the owner(s) agent, if an agent is in charge of the building; and upon the holder of any legal or equitable interest in the manner provided for service of a summons by a court of record as determined by the City Attorney after title review. If certified mail service of the order is returned to the City as refused or unclaimed, the order shall be sent via regular mail evidenced by a certificate of mailing from the U.S. Postal Service. As an alternative to certified mail service, the order may be served by a commercial carrier service utilizing any form of delivery that requires a signed receipt. If an owner or holder of an encumbrance of record cannot be found, the order shall be served in accordance with Section 10-8 of the Trotwood City Charter.
(d) Right to Appeal. Anyone affected by a demolition order issued pursuant to this section may appeal the order within fifteen days after the order was served pursuant to Section 1341.16(a) of this Code.
(e) Failure to Comply. Whenever the owner of a property fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure or part thereof to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the total cost of such razing and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Pursuant to Ohio Revised Code Section 715.261, "total cost" includes costs incurred for the use of employees, agents, materials, and City equipment; costs arising out of any contracts for labor, materials, or equipment utilized in the demolition and removal of the structure(s); and the costs of service of the legal notice(s) and order(s), including but not limited to the cost of publication of the notice in a newspaper of general circulation when newspaper publication is utilized.
(f) When a property owned by the Trotwood Community Improvement Corporation ("TCIC") requires demolition, the City shall either directly pay for the costs associated with the demolition and may certify the total costs of demolition to the county auditor for placement on the tax duplicate as a lien against the estate; or, in the event the TCIC pays the costs of demolition, as the TCIC is the designated development agency working behalf on the City, the City may take whatever action is necessary to certify the demolition costs incurred by the TCIC to the county auditor to serve as a lien against the estate.
(Ord. 31-23. Passed 10-2-23.)