(A) General. The Director of Code Enforcement or Service-Safety Director may order the owner of premises upon which is located any structure or part thereof which, in the Code Official's judgment, is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, and so 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 owner's option; 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.
(C) Order. The order shall specify a time not to exceed 60 days in which the owner shall comply therewith and specify repairs, if any. It shall be served on the owner of record or an agent where an agent is in charge of the building and upon the holder of any encumbrance of record in the manner provided for service of a summons by a court of record. If the owner or a holder of an encumbrance of record cannot be found, the order may be served by posting it on the main entrance of the building and by publishing it once each week for three successive weeks in a newspaper authorized to provide service by publication.
(D) Permits. No person, firm or corporation shall move, relocate, remove or demolish any structure without a valid demolition permit. A separate permit is required for each structure. Applicants for a demolition permit shall pay to the City of Wellston a fee to be established by ordinance for each story to be demolished, excluding cellars.
(E) Insurance. No demolition permit shall be issued until the applicant has furnished the Service-Safety Director or his or her designate and the City Law Director with proof of effective liability insurance in the amount of $300,000/$1,000,000 (CSL). No proof of insurance is needed for demolition of a one-story accessory building less than 576 square feet in area.
(F) Restraining actions. Anyone affected by an order of demolition may, within ten working days after service of such order, apply to a court of record for an order restraining the Code Official from razing and removing such structure or parts thereof. The court shall determine whether the order of the Code Official is reasonable, and if found reasonable, the court shall dissolve the restraining order; if found not reasonable, the court shall continue the restraining order or modify it as the circumstances may require.
(G) 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 cost of such razing and removal shall be charged against the real estate upon which the structure is located and a lien shall be placed against such real estate.
(Ord. 2021-41, passed 9-2-2021)