34-79 New 1305.521 Housing - repair/demo unsafe structures

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ORDINANCE NO. 34-79 BY: Brown, Chinnock, Magnotto, McBride, Salmon, Wendling, Brockman AN EMERGENCY ORDINANCE to enact new Section 1305.521 of the Housing Code of the Codified Ordinances of the City of Lakewood relating to the repair or demolition of unsafe structures. WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the HousTng Code of the Codified Ord'nances of the City of Lakewood be and the same is hereby supplemented~ by enacting new Section 1305.521 thereof to read as follows: 1305.521 REPAIR OR DEMOLITION OF UNSAFE STRUCTURES. (a) Nuisance. All dwelling structures and appurtenant structures which are a menace to the public health, safety or welfare or which are structurally unsafe, unsanitary, or not provided with adequate safe egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to the public health, safety, or welfare by reason of inadequate maintenance, dilapida- tion, obsolescence, or abandonment are, severally, for the purposes of this section, declared to be unsafe structures or public nu'sances. All such unsafe structures or publ'c nuisances are hereby declared to be iltegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedures of this section. (b) Notice of Nuisance and Order to Repair or Demolish. Whenever the Building Commissioner determ'ines any dwelling structure or appurtenant structure to'be an unsafe structure or public nuisance as defined in Section 1305.521(a), 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 Repair or Demolish. Said written notice of nuisance and order to repai~ or demolish shall specify the structure deemed to be an unsafe structure or public nuisance, shall specify which section Or sections of this Housing'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 said repairs will abate said public nuisance or in the alternative. shall include an order to demolish said structure if said public nuisance cannot be abated by repair, and shall specify a reasonable period of time and/or date by which said repairs or demolition shall be completed so as to bring said structure into conformity with this Housing Code. (d) Service of Notice and Order. Proper service of notice shall 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 this county for a period 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.