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39-09 Repeal 1306.521 Repair of Demo of Unsafe Structures
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39-09 Repeal 1306.521 Repair of Demo of Unsafe Structures
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Last modified
5/14/2013 3:17:50 PM
Creation date
5/21/2009 4:53:55 AM
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Office Of Council
Document Type
Ordinances
Date Adopted
5/18/2009
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subsection (a) hereof, he shall give written notice of the order to .repair or <br />demolish to the owner or person in control thereof. <br />(c) Contents of Notice of Nuisance and Order to Repair or Demolish. Such <br />written notice of nuisance and order to repair or demolish shall specify the <br />structure deemed to be an unsafe structure or public nuisance, shall specify <br />which section or sections of this Code are being violated, shall include an order <br />to repair defects therein to allow the owner or person in control to make required <br />repairs if such repairs will abate such public nuisance or in the alternative shall <br />include an order to demolish the structure if such public nuisance cannot be <br />abated by repair, and shall specify a reasonable period of tie and/or date by <br />which such repairs or demolition shall be completed so as to bring such structure <br />into conformity with this Code. <br />(d) Service of Notice and Order. Proper service of notice shall be by <br />personal service, residence service or by certified mail, provided, however, that <br />such notice and order shall be deemed to be properly served if a copy thereof is <br />sent by certified mail to the owner's last known address. If any parry cannot be <br />located, nor his address ascertained, the notice and order shall be deemed to be <br />properly served if a copy thereof is placed in a conspicuous place in or about the <br />dwelling structure affected by such notice and order and a copy of the notice and <br />order is published in a newspaper of general circulation in Cuyahoga County for a <br />period of three consecutive days. No person shall remove or deface such copy <br />of notice. and order so posted without written permission of the Building <br />Commissioner. <br />(e) Duty to Inform Purchaser. It shall be the duty of any owner or <br />person in control of such structure who has received a notice of the order to <br />repair or demolish to inform any purchaser thereof of such notice and order. No <br />owner or person in control of such structure shall transfer to any vendee any <br />interest in such structure after receiving such notice and order without first <br />providing the vendee with a copy of such notice and order. <br />(f) Disregard of Notice and Order. If proper service of notice of nuisance <br />and order to repair or demolish is made in accordance with subsection (d) <br />hereof, and the owner or person in control of such structure fails, neglects or <br />refuses to comply with such notice and order by the date specified therein, the <br />Building Commissioner shall notify the Board of Building Standards and Building <br />Appeals and the Director of Law of such fact. <br />(g) Notice by Board of Building Standards and Building Appeals. Upon <br />reeeipt of such notice by the Board of Building Standards and Building Appeals <br />from the Building Commissioner, such Board shall hold and conduct a public <br />hearing on the question of the existence of such unsafe structure or public <br />nuisance and on the question of any such failure to comply with such notice and <br />order. Service of notice of the time and place of such public hearing, the <br />questions to be determined therein, and the possible orders resulting therefrom <br />shall be given in accordance with subsection (d) hereof. <br />
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