(a) Definitions. Insecure, unsafe or structurally defective buildings or other structures are those which have any or all of the following defects:
(1) Those having interior walls or other vertical structural members which list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
(2) Those which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting member or members, or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering.
(3) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which possess insufficient strength to be reasonably safe for the purpose used.
(4) Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the inhabitants of the City.
(5) Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to cause injury to the health, morals, safety or general welfare of those living therein.
(6) Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
(7) Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.
(8) Those which have parts which are so attached that they may fall and injure members of the public or property.
(9) Those which because of their conditions are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the citizens of the City.
(10) Those buildings existing in violation of any provision of the Building, Housing, or Fire Prevention Codes, or other ordinances of the City or in violation of any State Fire Code or State Building Code.
(b) Unsafe Buildings Declared a Nuisance. All insecure, unsafe or structurally defective buildings or structures are hereby declared to be public nuisances and shall be repaired or removed as hereinafter provided.
(c) Inspection; Right of Entry; Search Warrant.
(1) The Chief Building Inspector or his or her designee is hereby authorized and directed to inspect buildings and other structures located within the City in order that he or she may perform his or her duty of safeguarding the health and safety of the occupants and the general public. For the purpose of such inspection, the Chief Building Inspector or his or her designee is hereby authorized to enter, examine and survey, at all reasonable times, buildings or other structures. Prior to performing the inspection and survey as herein provided, the Chief Building Inspector or his or her designee shall give notice to the owner or occupant of any building or structure that he or she wishes to inspect, such notice to be in writing by certified mail, return receipt requested, and to state therein the Chief Building Inspector or his or her designee's request for such inspection stating therein his or her reasons for performing such inspection. After receipt of such notice, the owner or occupant of every building or structure, or the person in charge thereof, shall give the Chief Building Inspector or his or her designee free access to the building or structure and its premises, at all reasonable times, for the purpose of such inspection, examination and survey.
(2) Every occupant of a building or other structure shall give the owner thereof, or his or her agent or employee, access to any part of such building or structure or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or any lawful order issued pursuant thereto.
(3) If the Chief Building Inspector or his or her designee is refused entry to any building, structure or property for the purpose of making the inspection authorized by this section, he or she shall apply to the Judge of the Willoughby Municipal Court for a search warrant. The search warrant shall be issued without delay and shall state the time or times when the building or property may be inspected.
(d) Service of Notice.
(1) Whenever the Chief Building Inspector or his or her designee determines that there are reasonable grounds to believe that a building or other structure is insecure, unsafe or structurally defective, he or she shall give notice of such alleged condition to the person or persons responsible therefor as hereinafter provided. Such notice shall:
A. Be put in writing;
B. Include a statement of the reasons why it is being issued;
C. Allow a reasonable time for the performance of any act it requires;
D. Be served upon the owner or his or her agent, or the occupant as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him or her personally; if a copy thereof is sent by certified mail to his or her last known address; if a copy is posted in a conspicuous place in or about the dwelling affected by the notice; or if he or she is served with such notice by any other method authorized or required under the laws of this State.
(2) Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this section.
(e) Appeals; Orders.
(1) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the Board of Zoning Appeals, provided that such person files in the office of the Chief Building Inspector a written petition requesting such hearing setting forth a brief statement of the grounds therefor, and a fee in the amount of twenty-five dollars ($25.00) within ten days after the date upon which the notice was served.
(2) Upon receipt of the petition for a hearing, the Chief Building Inspector or his or her designee shall forward said petition to the Secretary of the Board of Zoning Appeals and the matter shall be set upon the docket of the next regularly scheduled meeting of the Board of Zoning Appeals. At the hearing of the Board of Zoning Appeals, the petitioner shall be given the opportunity to be heard and to show why the notice should be modified or withdrawn. The petitioner may apply to the Chairman of the Board of Zoning Appeals to postpone the date of the hearing for a reasonable time beyond the next regularly scheduled meeting of the Board of Zoning Appeals, if, in the judgment of the Chairman of the Board of Zoning Appeals, the petitioner has submitted a valid and sufficient reason for such postponement. After such hearing, the Board of Zoning Appeals shall make their recommendation to the Willowick City Council in accordance with Section 6.4 of the Charter of the City of Willowick.
(f) Emergency Action. Whenever the Chief Building Inspector or his or her designee finds that an emergency exists which requires immediate action to protect the public health, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Board of Zoning Appeals shall be afforded a hearing within by the Board of Zoning Appeals at the next regularly scheduled hearing of the Board. After such hearing, the Board of Zoning Appeals shall make its recommendation as required by Section 6.4 of the Charter of the City of Willowick.
(g) Repair or Removal of Structure by City; Costs to Constitute a Lien. If the owner, occupant or person in charge of an insecure, unsafe or structurally defective building or structure fails to comply with an order of the Chief Building Inspector or his or her designee or the Board of Zoning Appeals within ten days, the Chief Building Inspector or his or her designee shall cause the building or structure to be repaired or removed. The total cost of such repair or removal, whether such costs are incurred due to the use of the employees, materials and equipment, of the City or by contract for labor, materials and equipment, or both, and the cost of service or publication of notice, together with a proper description of the premises, shall be certified by the Finance Director to the County Auditor and placed by him upon the tax duplicate. Such costs shall be a lien upon such lands from and after the date of entry and shall be collected as other taxes and returned to the City.
(f) Penalty. Whoever fails to comply with the provisions of this section shall be guilty of a misdemeanor of the first degree.
(Ord. 2007-94. Passed 12-18-07.)