88-82 Amend portions of 1305.521 & 1603.55 - Housing - liens

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ORDINANCE NO. 88-82 BY: Brown, Chinnock, Gallagher, Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE to amend paragraphs (j) and (k) of Section 1305.521 of the Housing Code of the Codified Ordinances of the City of Lakewood and paragraph (d) of Section 1603.541 and Section 1603.55 of Division D, Unsafe Structures, of the Regional Building Code of the Codified Ordinances of the City of Lakewood to provide notice to holders of legal and equitable liens of record on property ordered to be repaired or demolished. WHEREAS, under the current provisions of our Housing Code and the Regional Building Code, the Building Commissioner is only required to give notice of the decision of the Board of Building Standards and Building Appeals to the owner of the property or the person in control of same, and WHEREAS, State law provides that notice of intent of removal or repair of any unsafe structure shall be given to holders of legal and equitable liens of record upon the real property as well as to the owners of record of such real property so as to protect the priority of the lien of the municipality, and WHEREAS, in order to eliminate any question as to the priority of the lien of the City to secure the collection of the total costs in the removing, repairing or securi~ng unsafe structures, the City ordinance should be amended to conform to the State law, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public health, safety, and welfare; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Housing follows: Section 1. That paragraphs (j) and (k) of Section 1305.521 of the Code of the Codified Ordinances of the City of Lakewood, now reading as 1305.521 Repair or Demolition of Unsafe Structures. (j) Resolution of Council. Service of the decision and order of the Board shall be given in accordance with subsection (d) hereof, and if the owner or person in control of the structure fails, neglects or refuses to comply with the decision and order of the Board, the decision and order of the Board shall be placed before Council for confirmation or nonconfirmation by resolution. (k) Demolition. Upon enactment of such resolution by Council, service of such resolution shall be given in accordance with subsection (d) hereof, and if the owner or person in control of the structure fails, neglects or refuses within forty-five (45) days of such service to comply with the decision and order of the Board,as confirmed by Council, the City acting through the Building Commissioner shall cause such structure to be repaired or demolished in accordance with the decision and order of the Board as confirmed by Council. shall be and the same are hereby amended to read as follows: 1305.521 Repair or Demolition of Unsafe Structures. (j) Resolution of Council. Service of the decision and order by the Bo'ard shall' be given in accordance with subsection (d) hereof, to the holders of legal or equitable liens of record upon the real property on which the dwelling structure or appertenant structure is located, and to the owners of record of such property, and if the owner or person in control of the structure fails, neglects or refuses to comply with the decision and order of the Board, the decision and order of the Board shall be placed before Council for confirmation or nonconfirmation by resolution.