§ 150.051. Repair, vacation and demolition—Procedure—Remedy of City for noncompliance.

A.

On receipt of a report of the Housing Inspector that a premises is in violation of this chapter, the Board shall:

1.

Give written notice to the owner and all other persons having an interest in the premises, as shown by the land records of Summit County, to appear before the Board on the date specified in the notice;

2.

Hold a hearing and hear testimony of the Housing Inspector, citizens or the owner of the dwelling or premises and all other persons having an interest in the premises, as shown by the land records of Summit County, offered relative to the fitness of the building for human habitation or use;

3.

Make written findings of fact from the testimony offered as to whether the dwelling or premises is unfit for human habitation or use; and

4.

Issue an order based upon the findings of fact made, commanding, if proper, that the dwelling or premises must be demolished. This order shall be served on all persons specified in subsection 1 of this section. The order shall state that the dwelling or premises will be demolished by the city, and that there is a right to appeal the Board's order pursuant to O.R.C. Chapter 2506.

B.

The Board may grant a thirty to ninety day extension to a property owner or interested party for compliance with the provisions of this chapter only upon a showing of satisfactory assurance to the Board that the property owner or interested party has the financial and practical capability of initiating and completing the required repairs to the premises within the time extended. After one thirty to ninety day extension has been granted, additional thirty to ninety day extensions for repairs may be granted only upon a showing to the Board of substantial progress toward completion of repairs at the owner's premises. In the event of noncompliance, to any extent, or partial repairs to the premises by the owner, the Board may at any time declare the premises to be a public nuisance and declare that the premises be razed.

C.

The Board may order the dwelling or premises to be repaired, vacated, or demolished. The Board shall advise the Director of Planning and Urban Development as to the particulars involved, so the appropriate action may be instituted to cause the dwelling or premises to be demolished. Should the owner fail, neglect, or refuse to pay the costs so incurred, the costs shall be paid out of the City treasury on the certificate of the Director of Planning and Urban Development, and the Director of Finance shall then certify the amount so paid to the Fiscal Officer of Summit County. The Fiscal Officer shall enter the amount on the tax duplicate of the County as a special assessment against the real estate on which the dwelling or premises requiring the work is or was situated, and the assessment shall be collected as other taxes and assessments and, when collected, shall be refunded to the city.

D.

When a dwelling or premises can reasonably be repaired so that it will no longer exist in violation of any of the provisions of this chapter, it shall be ordered repaired;

E.

When a dwelling or premises is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered vacated;

F.

When the board determines the dwelling or premises is a public nuisance, and in all cases where it cannot be repaired, or where the owner refuses or fails to repair the dwelling so that it will no longer be in violation of any of the terms of this chapter, it shall be demolished. In all cases where it is a fire hazard, existing or erected in violation of any of the terms of this chapter or any ordinances of the City, it shall be demolished. Penalty, see § 150.99.

(Ord. 708-1997; Ord. 769-1996)

(Ord. 291-2013)