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Ordinance 2015-063
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Ordinance 2015-063
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9/2/2015 6:29:24 PM
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9/2/2015 6:29:24 PM
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North Olmsted Legislation
Legislation Number
2015-063
Legislation Date
9/1/2015
Year
2015
Legislation Title
New Chapter 1364 Interior Maintenance Code
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dwelling unit that states"Do Not Enter. Dangerous, Uninhabitable Structure. This <br /> Structure/Dwelling Unit has been identified as a DANGEROUS, UNINHABITABLE <br /> STRUCTURE by the Building Commissioner and Occupancy is Prohibited."This Notice is to <br /> remain on the structure until it is repaired, vacated or demolished and shall not be removed <br /> unless directed to do so by the Building Commissioner. <br /> 1364.107.2 Method of service <br /> Method of service for any Notice of Dangerous, Uninhabitable Structure or Dwelling Unit shall comply with <br /> the provisions of 1364.106.3. <br /> 1364.107.3 Prohibited occupancy <br /> It shall be unlawful for any person to enter a structure determined to be a Dangerous, Uninhabitable <br /> Structure or Dwelling Unit except for the purpose of securing the structure, making the required repairs, <br /> removing the hazardous condition or of demolishing the same, if such structure has been properly labeled <br /> as 1364.107.1.b.vi. No person shall occupy a structure that has been designated as a Dangerous, <br /> Uninhabitable Structure or Dwelling Unit, and no owner or any person responsible for the premises shall <br /> let anyone occupy a Dangerous, Uninhabitable Structure or Dwelling Unit. <br /> 1364.107.4 Cost <br /> If the City incurs costs relating to declaring a structure to be Dangerous, Uninhabitable Structure or <br /> Dwelling Unit or abating the conditions making the structure a Dangerous, Uninhabitable Structure or <br /> Dwelling Unit through repair or demolition, the City shall provide notice to the owner of record, occupant, <br /> mortgagee, agent, all holders of legal and equitable liens of record upon such structure and property as <br /> well as all other persons having an interest in such structure of the costs incurred and that the City will <br /> seek to certify those costs to the County Auditor. The Director of Law may take any other action <br /> necessary to collect the costs of abatement. <br /> 1364.107.5 Means of appeal <br /> Appeals shall be addressed as set forth in Section 1364.108, "Means of Appeal." <br /> 1364.108 MEANS OF APPEAL <br /> 1364.108.1 Application for appeal <br /> Unless another timeline or process is set forth herein, any person directly affected by a decision of the <br /> Building Commissioner or a Notice or Order issued under this code shall have the right to appeal to the <br /> Board of Building Code Appeals, provided that a written application for appeal is filed within the lesser of <br /> either 10 days from the date the Notice or Order was served, or the date of the expiration of the <br /> abatement period set forth in the Notice. <br /> 1364.108.2 Standard for review <br /> An application for appeal shall be based on a claim that there is no basis in fact for the Building <br /> Commissioner's Notice or that the decision is arbitrary or capricious. <br /> 1364.108.3 Administrative procedures for appeals <br /> The procedure for such appeal shall be consistent with Chapter 1315 of the North Olmsted Codified <br /> Ordinances. <br /> 1364.108.4 Stay pending appeal <br />
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