68-97 Repeal 1303 Regional Building Code

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to be an unsafe structure or public nuisance as defined in subsection (a) hereof, he shall give written notice of the order to repair or demolish to the owner or person in control thereof. (c) Contents of Notice of Nuisance and Order to Reoair or Demolish. Such written notice of nuisance and order to repair or demolish shall specify the structure deemed to be an unsafe structure or public nuisance, shall specify which section or sections of this Code are being violated, shall include an order to repair defects therein to allow the owner or person in control to make required repairs if such repairs will abate such public nuisance or in the alternative shall include an order to demolish the structure if such public nuisance cannot be abated by repair, and shall specify a reasonable period of time and/or date by which such repairs or demolition shall be completed so as to bdng such structure into conformity with this Code. (d) Service of Notice and Order. Proper service of notice shatl be by personal service, residence service or by certified mail; provided, however, that such notice and order shall be deemed to be properly served if a copy thereof is sent by certified mail to the owner's last known address. If any party cannot be located, nor his address ascertained, the notice and order shall be deemed to be properly served if a copy thereof is placed in a conspicuous place in or about the dwelling structure affected by such notice and order and a copy of the notice and order is published in a newspaper of general circulation in Cuyahoga County for a pedod of three consecutive days. No person shall remove or deface such copy of notice and order so posted without written permission of the Building Commissioner. (e) Duty to Inform Purchaser. It shall be the duty of any owner or person in control of such structure who has received a notice of the order to repair or demolish to inform any purchaser thereof of such notice and order. No owner or person in control of such structure shall transfer to any vendee any interest in such structure after receiving such notice and order without first providing the vendee with a copy of such notice and order. (f) Disreclard of Notice and Order. If proper service of notice of nuisance and order to repair or demolish is made in accordance with subsection (d) hereof, and the owner or person in control of such structure fails, neglects or refuses to comply with such notice and order by the date specified therein, the Building Commissioner shall notify the Board of Building Standards and Building Appeals and the Director of Law of such fact. (g) Notice by Board of Buildinq Standards and Buildina Aooeals. Upon receipt of such notice by the Board of Building Standards and Building Appeals from the Building Commissioner, such Board shall hold and conduct a public headng on the question of the existence of such unsafe structure or public nuisance and on the question of any such failure to comply with such notice and order. Service of notice of the time and place of such public heating, the questions to be determined therein, and the possible orders resulting therefrom shall be given in accordance with subsection (d) hereof. (h) Public Headnq. The Board of Building Standards and Building Appeals shall hold and conduct the public hearing provided for herein at the designated time and place and grant to the owner or person in control of the structure involved the opportunity to show cause why the structure should not be repaired or demolished in accordance with the notice and order of the Building Commissioner. (i) Standards. The Board of Building Standards and Building Appeals, upon hearing all the facts and evidence, shall apply the following standards and shall make a determination and issue finding of fact on the question of the existence of such unsafe structure or public nuisance and on the question of any such failure to comply with such notice and order. The Board shall issue its decision and shall order any proper action, including demolition, it commands to be taken. (1) All buildings or structures that have any or all of the following defects shall be deemed and are hereby declared to be public nuisances: A. Those whose interior walls or other vertical structural members 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. B. 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 member or members of outside wails or covering. 15