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

A.

Report to the Board of a Hazardous Building or Property. On receipt of a report of the Director that a vacant commercial or industrial building or property is in such a condition as to create a risk of hazard to the public health or safety, 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 by the method stated in Section 154.03(A)(4) of this chapter. A copy of the written notice will be provided to the Historical Society of Summit County and the Clerk of City Council not less than ten days before the matter comes for hearing;

2.

Hold a hearing and hear testimony offered by the Director, Superintendent, Fire Chief, citizens, owner, person in control, and all other persons having an interest in the building, as shown by the land records of Summit County, relative to the fitness of the building or structure;

3.

Make written findings of fact from the testimony offered as to whether the building or structure is maintained in such a condition as to constitute a public nuisance; and

4.

Issue an order as described in subsection (B) of this section.

B.

Orders.

1.

Upon the Board's findings of fact made, the Board shall issue an order commanding that the vacant commercial or industrial building be repaired or demolished.

2.

In the event the Board orders repairs under subsection (C) of this section, the order shall be served upon any owner or interested party appearing at the hearing personally or by regular mail.

3.

When the Board determines the vacant commercial or industrial building or property is a public nuisance, and in all cases where it cannot be repaired, or where the owner refuses or fails to repair the commercial property 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.

4.

In the event the Board orders demolition, the order shall be served on all persons specified in subsection (A)(1) and by the method stated therein, shall state that the building will be demolished by the City, and shall state that there is a right to appeal the Board's order pursuant to O.R.C. Chapter 2506.

5.

The Board shall advise the Director of the particulars involved so the appropriate action may be instituted to cause the building to be demolished and/or to abate the offending condition at the owner's expense.

C.

Repairs. 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 required repairs at the owner's building. In the event of noncompliance, to any extent, or partial repairs to the building by the owner, the Board may at any time declare the building to be a public nuisance and order that the building be razed and any offending condition abated.

D.

Non-compliance. Should the owner fail, neglect, or refuse to pay the costs so incurred by virtue of the demolition or abatement of any offending condition, the costs shall be paid out of the City treasury on the certificate of the Director of Neighborhood Assistance, 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 building or property 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.

E.

Bond to Promote Rehabilitation; Reconsideration; No Right of Appeal Created.

1.

Bond to Promote Rehabilitation. After the deadline for appeal of any demolition order issued by the Board has passed, at the discretion of the Director and upon the request of the Owner or person affected by the decision of the Board, the order of the Board that a building must be demolished may be stayed upon the posting of a bond or other method of surety in an amount equal to the anticipated expense of demolition as determined by the Director with the assistance of the Building Inspection Superintendent and/or estimated by a reputable and qualified demolition contractor.

a.

The bond posted under this subsection shall include as a condition that if repairs are not performed to the satisfaction of the Director, the stay shall be rescinded, and the bond shall be forfeited to the City to be applied toward the expense of executing demolition.

b.

If the repairs are not performed to the satisfaction of the Director, the stay shall be rescinded, the bond forfeited to the City to be applied toward the expense of demolition, and any excess amount returned to the party that posted the bond.

c.

If the repairs are performed to the satisfaction of the Director, the bond, minus any expenses incurred by the City during the period of the stay, shall be returned to the party that posted the bond.

2.

Reconsideration. Upon the Director determining that the repairs to the building have resulted in a change of circumstance sufficient for the Board to reconsider its prior decision that the building must be demolished, the matter will be presented to the Board for reconsideration, such that the Board may vacate its demolition order.

3.

No Right of Appeal Created. This subsection is intended to promote compromise by the City and an affected person when compromise serves the interests of both. This subsection is not intended to create a right of appeal where such right does not otherwise exist, such as for failure to timely appeal the demolition order of the Board or an attempt to collaterally attack a timely but unsuccessful appeal of a decision of the Board.

(Ord. 207-2018)