(A) General. When a structure or equipment is found by the Chief Code Enforcement Officer, or his or her designee to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
(1) Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
(2) Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
(3) Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the Chief Code Enforcement Officer, or his or her designee finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
(4) Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law, or has been declared a public nuisance.
(5) Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous:
(a) Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction having authority as related to the requirements for existing buildings.
(b) The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose, torn, obstructed or otherwise unsafe as to not provide safe and adequate means of egress.
(c) Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.
(d) Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural and artificial loads of one and one-half the original design value.
(e) The building or structure, or part of the building or structure because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.
(f) The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.
(g) The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, squatters, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or unlawful act.
(h) Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.
(i) A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate lighting, ventilation, mechanical or plumbing system, or otherwise, is determined by the Chief Code Enforcement Officer, or his or her designee to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease.
(j) Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical systems, fuel connections, mechanical system, plumbing system or other cause, is determined by the Chief Code Enforcement Officer, or his or her designee to be a threat to life or health.
(k) Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such a building or portion thereof as an attractive nuisance or hazard to the public.
(B) Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Chief Code Enforcement Officer, or his or her designee is authorized to post a placard of condemnation on the premises and order the structure closed and secured so as not to be an attractive nuisance. Upon failure of the owner or the owner's authorized agent to close and secure the premises within the time specified in the order or should the owner or owner's authorized agent not be located by reasonable means, the Chief Code Enforcement Officer, or his or her designee shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
(C) Notice. Whenever the Chief Code Enforcement Officer, or his or her designee has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner's authorized agent or the person or persons responsible for the structure or equipment in accordance with division (C) of this section. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in §158.07
(B).
(D) Placarding. The Chief Code Enforcement Officer, or his or her designee shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. Any owner or any person who moves, defaces, damages, or destroys a placard without the approval of the Chief Code Enforcement Officer, or his or her designee shall be charged under R.C. §2909.07(A)(4) a misdemeanor of the third degree. Should a violation of this section create a risk of physical harm to any person, the charge shall be upgraded to a misdemeanor of the first degree.
(1) Placard removal. The Chief Code Enforcement Officer, or his or her designee shall remove the condemnation placard once the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who moves, defaces, damages, or destroys a placard without the approval of the Chief Code Enforcement Officer, or his or her designee shall be subject to the penalties provided by this code.
(E) Prohibited occupancy. Any occupied structure, building or premises condemned and placarded by the Chief Code Enforcement Officer, or his or her designee shall be vacated as ordered by the Chief Code Enforcement Officer, or his or her designee. Any person who enters or occupies a placard premises or operates placarded equipment, and any owner, owner's authorized agent or any person responsible for the premises who allows anyone to enter or occupy a placarded premises or operate placarded equipment shall be charged under R.C. §2921.31 a misdemeanor of the second degree. Should a violation of this section create a risk of physical harm to any person, the charge shall be upgraded to a felony of the fifth degree.
(F) Authority to disconnect service utilities. The Chief Code Enforcement Officer shall have the authority to authorize and order the disconnection of utility services to a building, structure or system regulated by this code and the referenced codes and standards set forth in §158.08
(G) in the case of emergency where necessary to eliminate an immediate hazard to life or property, or when a building, structure or system has been ordered condemned and it is the judgement of the Chief Code Enforcement Officer that this action is necessary to protect life or property, or where such utility connection has been made without approval. In cases where either the electrical and/or gas service to a structure or building has been discontinued, the Chief Code Enforcement Officer shall order the water service shut-off at the curb stop so to protect said structure or building from damage due to broken or frozen pipes. The Chief Code Enforcement Officer shall notify the servicing utility and, whenever possible, the owner or owner's authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If the Chief Code Enforcement Officer, or his or her designee is unable to make notification prior to disconnection, the owner, owner's authorized agent or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.
(G) Entry authorization. An entry authorization to abate unsafe and/or unfit conditions shall only be issued to the owner or owner's authorized agent. Entry authorizations may be issued to other persons only upon receipt of a notarized affidavit from the owner or owner's authorized agent granting permission to the other person(s) to enter on behalf of the owner to abate such unsafe and/or unfit conditions. Authorization extensions may be issued at the discretion of the Chief Code Enforcement Officer, and/or his or her designee. An entry authorization shall contain the following:
(1) The date when the authorization was issued;
(2) The address of the condemned structure or building;
(3) The condemnation order number;
(4) The name(s) of the person(s) being granted permission to enter;
(5) The date and time the person(s) may enter the condemned structure or building;
(6) A list of what actions are to be completed to bring the structure or building into compliance with the order;
(7) A statement advising the entering person(s) of the legal ramifications should they enter at times other than listed within the authorization;
(8) A statement advising the entering person(s) of the legal ramifications should they be found inside the structure not actively completing the abatement;
(9) The date and time upon which the authorization expires; and
(10) Signature line for the owner, owner's authorized agent or other person and city representative.
(Ord. 3673, passed 8-11-20)