1313.01 Definitions.
1313.02 Standards.
1313.03 Repair; vacation or demolition.
1313.04 Order to correct.
1313.05 Board of Appeal.
1313.99 Penalty.
CROSS REFERENCES
Unsafe buildings removal or repair - see Ohio R.C. 715.26(B)
Collecting costs of abating dangerous property conditions - see Ohio R.C. 715.261
Dangerous buildings or structures shall be and are hereby defined as follows:
(a) Those buildings and structures whose walls, whether interior or exterior, lean, lit or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle of their base or bases;
(b) Those buildings or structures, exclusive of their foundations, show 30% or more of damage or deterioration of any of their supporting members or 50% damage or deterioration of their non-supporting exterior walls or roofs or outside covering;
(c) Those buildings or structures which have been damaged by fire, wind or other means so as to have become dangerous to life, limb, safety, morals or the general health of the inhabitants of the Village;
(d) Those buildings or structures which have become dilapidated, decayed, unsafe, unsanitary or which fail to provide wholesome or decent living conditions, or are likely to cause sickness, safety or general welfare of those living therein;
(e) Those buildings and structures having inadequate sanitation, are of unsound nature or are so deteriorated that they fail to protect the health, morals, safety or general welfare of the persons who reside therein;
(f) Those buildings and structures which have inadequate means of entering or leaving said buildings or structures in case of fire or panic or those having insufficient stairways, fire escapes or other means of communication;
(g) Those buildings or structures which have parts thereof which are so attached that they may fall upon or injure members of the general public or property;
(h) Those buildings or structures which exist in violation of any provision of the Building Code, Fire Prevention Code or other ordinances of the Village.
(Ord. 6-84-362. Passed 7-3-84.)
The following standards shall be followed by the Village officials in ordering the repair, vacation or demolition:
(a) If the dangerous building or structure can reasonably be repaired so that it no longer exists in violation of the terms of this chapter, it shall be ordered repaired to a standard that will remove its classification as a dangerous building or structure;
(b) If the building or structure is in such a condition as to render it dangerous to the health, life, limb of the inhabitants of the Village and cannot be repaired reasonably, it shall be vacated;
(c) If the building or structure is 50% damaged or decayed, or deteriorated from its original condition at the time it was built, it shall be demolished, and in all cases where a building or structure cannot be reasonably repaired so that it will no longer be in violation of this chapter it shall be demolished.
(Ord. 6-84-362. Passed 7-3-84.)
Council shall and hereby does designate the Village Building Inspector to investigate all violations of this chapter and report his finding to Council and he shall:
(a) Inspect or cause to be inspected semiannually or more often if the need arises, all public buildings and structures, tenements, commercial, manufacturing or loft buildings to determine whether any conditions exist which render such places dangerous buildings or structures as defined in this chapter;
(b) Inspect any building, structure, wall or other containing entity about which complaint or complaints have been filed or received about their condition;
(c) Notify in writing the owner, occupant, lessee, mortgagee, agent, and all other persons having any interest in such building or structure, as indicated by the land records in the Wood County Courthouse, of any building or structure found by him to be dangerous as defined in this chapter, that:
(1) The owner must vacate, repair or demolish such building or structure in accordance with the terms of the notice and this chapter;
(2) The occupant or lessee must vacate such building or structure or may have it repaired in accordance with the notice and remain in possession;
(3) The mortgagee, agent or other person having an interest in the building or structure as shown in the land records in the Wood County Courthouse may repair, vacate, or demolish such building or structure at its own risk;
Any person notified by the Building Inspector under this section to repair, vacate or demolish any building or structure shall be given a reasonable time, not to exceed 60 days, as may be necessary to do or have done the work or act required by this notice provided for herein. After the 60 day period, any person so notified may petition Council for an extension of time which may be granted upon showing of hardship;
(d) Set forth in the notice provided for in subsection (c) hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building, and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 60 days, as is reasonable;
(e) Place a notice on all dangerous buildings reading as follows:
“THIS BUILDING HAS BEEN FOUND TO BE A DANGEROUS BUILDING BY THE BUILDING INSPECTOR. THIS NOTICE IS TO REMAIN ON THIS BUILDING UNTIL IT IS REPAIRED, VACATED OR DEMOLISHED IN ACCORDANCE WITH THE NOTICE WHICH HAS BEEN GIVEN THE OWNER, OCCUPANT, LESSEE, MORTGAGEE OR AGENT OF THIS BUILDING, AND OTHER PERSONS HAVING AN INTEREST IN SUCH BUILDING AS SHOWN BY THE LAND RECORDS OF THE RECORDER OF DEEDS OF WOOD COUNTY. IT IS UNLAWFUL TO REMOVE THIS NOTICE UNTIL SUCH NOTICE IS COMPLIED WITH.”
(Ord. 6-84-362. Passed 7-3-84.)
(a) There is hereby established a Board of Appeal which shall be comprised of the (1) Fiscal Officer; (2) Solicitor and (3) the Fire Chief. Upon request, in writing, to the Fiscal Officer, the Board of Appeal shall meet at her call, after notice to the affected party and hear testimony as the Building Inspector or the owner-occupant, mortgagee, lessor, lessee or any other person having an interest, as shown by the land records of the County Recorder, affected by any notice which has been issued by the Building Inspector under any provision of this chapter or any rule or regulation adopted pursuant thereto, may present to the Board of Appeal. The owner-occupant, mortgagee, lessor, lessee or any other person having an interest as shown in land records of the County Recorder who desires to file an appeal shall, within 10 days from the date the notice was served, file in the office of the Fiscal Officer a written petition which shall contain a brief statement of the grounds of appeal thereof. The Fiscal Officer shall immediately set a time and place for the hearing and shall give the petitioner written notice thereof. The hearing shall be held before the Board of Appeal not more than 10 days from the date the petition was filed, except that upon application of the petitioner, or upon her own motion, the Fiscal Officer may delay the time of the hearing for not more than 20 days from the day the petition for the hearing was filed if there is good and sufficient reason for the delay. The petitioner shall have the right to appear at the hearing in person or to be represented by attorney or by any other person.
(b) The Board shall make written findings of fact from the testimony offered as to whether or not the building in question is a dangerous building within the terms of this chapter. The Board shall issue an order based upon findings of fact commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in such buildings, as shown by the land records of the County Recorder, to repair, vacate, or demolish any building found to be dangerous within the terms of this chapter. However, any person so notified, except the owners, shall have the privilege of either vacating or repairing such dangerous building, or any person not the owner of such dangerous building, but having an interest in such building as shown by the land records of the County Recorder, may demolish such dangerous building at his own risk to prevent the acquiring of a lien by the Village against the land upon which such dangerous building stands, as provided by subsection following herein. If the owner-occupant, mortgagee, lessor or lessee fails to comply with the order provided for in this chapter within 60 days from the day the first notice was issued by the Building Inspector under any provisions of this chapter or any rule or regulation adopted pursuant hereto, the Board of Appeal shall cause such building or structure to be repaired, vacated or demolished as the fact may warrant, under the facts presented and found.
(Ord. 6-84-362. Passed 7-3-84.)
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