39-09 Repeal 1306.521 Repair of Demo of Unsafe Structures

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decision and order of the Board as confirmed by Council to a court of competent jurisdiction. (m) Expenses and Costs of Repair or Demolition. Any expense or cost incurred by the City for repair or demolition under the provisions of this Code shall be paid by the owner of the structure or premises. If expenses and costs of repair or demolition are not paid by the owner or person in control thereof of the structure or premises within thirty days after receipt of written notice from the City sent by registered or certified mail, return receipt requested, or if his whereabouts are unknown and cannot with reasonable diligence be obtained after such notice is published once in a newspaper of general circulation within- the City, the costs of such repair or demolition may be recovered by an action at law against the owner, or may, by action of Council by resolution certified to the County Auditor, be added to the tax duplicate as an assessment against the land of the owner upon which the structure standards or did stand and shall become a lien thereof, and shall be collected in the manner provided by law for assessments. EMERGENCY AUTHORITY (n) Imminent Danger. If a building or structure creates a substantial risk to the life or safety of its occupants due to the imminent or potential failure or collapse of said structure, or if the structure endangers individuals in the proximity of said structure due to toxic or explosive fumes, vapors or gases, or explosives, or defective or dangerous equipment, the Building Official is hereby authorized to order the occupants to vacate the premises. The Building Official shall post at each entrance of said structure a notice stating: "WARNING: OCCUPANCY PROHIBITED BY ORDER OF THE DIVISION OF BUILDING, CITY OF LAKEWOOD, OHIO. THIS STRUCTURE IS A HAZARD. IT SHALL BE UNLAWFUL FOR ANY PERSON TO ENTER THE PREMISES WITHOUT THE WRITTEN CONSENT OF THE BUILDING COMMISSIONER." (o) Temporary Safeguards. The Building Official is authorized to order the abatement of an unsafe condition of a building or structure that poses an imminent danger to occupants or others, to include the boarding-up of openings, the cessation of utilities, etc. Such authority is a temporary safeguard until a proper legal procedure or hearing can be held, and any action taken by the Building Official must no exceed the scope of what is deemed necessary to meet an emergency. (p) Costs of Emergency Repairs. Costs incurred in the performance of emergency work shall be paid from the treasury of the jurisdiction on approval of the Building Official. The Department of Law of the City of Lakewood shall institute appropriate action against the owner of the premises where the unsafe cohdition is or was located for the recovery of such costs. is hereby repealed.