§ 1101-57. Demolition or Repair of Buildings.

1101-57.1 Buildings Subject to Demolition or Repair: A building shall be subject to demolition or repair by the director of buildings and inspections whenever:

(1)

The building has been deemed to be dangerous and unsafe as defined in § 1101-63.1 CBC, the director of buildings and inspectionshas exhausted the provisions of § 1101-61.1 CBC, and the building has not been brought into compliance with the CBC or any order issued by the director of buildings and inspections; or

(2)

The building threatens to collapse or poses other immediate danger and action authorized by § 1101-63.4 CBC is in the interest of public safety.

1101-57.2 Administrative Proceedings: Whenever a building is subject to demolition or repair under § 1101-57.1(1) CBC the director of buildings and inspections shall:

(1)

Schedule a public hearing for the purpose of determining whether the building in question constitutes such a public nuisance that it should be demolished or repaired by governmental action;

(2)

Send notices to all known parties of interest in the property, as determined from the official land records of Hamilton County, by certified mail not less than ten days prior to the public hearing;

(3)

If the subject building contains any dwelling units, send electronic mail notification to the community council for the area within which the building is located, electronic mail notification to not-for-profit organizations known to be active in the rehabilitation of residential buildings in the neighborhood of the subject building, and any other entity or individual who has requested electronic mail notification. Such notification is contingent upon the relevant community councils, non-profit organizations and other entities or individuals providing the director of buildings and inspections with electronic mail contact information;

(4)

If the subject property is more than fifty (50) years of age, notify the urban conservator so that he can conduct a separate hearing to assess the building's historic significance;

(5)

Post a copy of the notice of the public hearing on the subject building or premises not less than ten days prior to the public hearing;

(6)

Publish the notice of the public hearing on the City of Cincinnati's website at least two weeks prior to the public hearing;

(7)

Engage the services of a reputable property manager or other person experienced in the rehabilitation of buildings of similar use and type as the subject building to survey the premises to determine whether the condition of the premises is a factor seriously depreciating property values in the neighborhood;

(8)

Hold the public hearing at which evidence may be received from any known parties of interest in the property, representatives from neighborhood organizations, police and fire division, the division of property maintenance code enforcement, and others. Witnesses must be sworn before testifying;

(9)

Parties of interest in the property shall be permitted to appear and be heard in person, or by an attorney, in opposition to the proposed demolition or repair of the building, and to do all of the following:

(a)

Present the party's position, arguments, and contentions;

(b)

Offer and examine witnesses and present evidence in support;

(c)

Cross-examine witnesses purporting to refute the party's position, arguments, and contentions;

(d)

Offer evidence to refute evidence and testimony offered in opposition to his position, arguments, and contentions;

(e)

Proffer any such evidence into the record, if the admission of it is denied by the chief building official or his designee;

1101-57.3 Stay of Hearing: The director of buildings and inspections may stay the conduct of hearing or continue a hearing in progress for up to 30 days if:

(1)

The subject building has been sold or transferred and the new owner or person in control has the present capacity and intent to bring the subject building and its premises into compliance with the CBC or, if the building is not an historic structure or a structure within an Historic Landmark or District, taken down and removed within 30 days or such other time as may be allowed by the director of buildings and inspections; or

(2)

The owner or person in control has applied for and obtained an administrative stay pursuant to § 1101-57.9 CBC.

If the building and its premises are not brought into compliance with the foregoing standards within the time provided the hearing shall be resumed, and any bond that may have been posted forfeited and the proceeds applied to the demolition and restoration costs.

1101-57.4 Findings: If from the evidence received at the public hearing conducted pursuant to § 1101-57.2 CBC and from personal observation of the subject building, the director of buildings and inspections finds:

(1)

The city has exhausted reasonable efforts to cause the building to be brought into compliance with the CBC; and

(2)

The subject building is a public nuisance under the standards of § 1101-63.1 CBC or because of age, obsolescence, dilapidation, deterioration, lack of maintenance or repair or any combination thereof constitutes a serious fire hazard, a serious health hazard, a substantial and unreasonable interference with the reasonable and lawful use and enjoyment of other premises within the neighborhood or a factor seriously depreciating property values in the neighborhood;

Then the director of buildings and inspections shall direct the subject building to be demolished and its premises restored to a safe condition, or that it be repaired in a manner sufficient to remediate any public nuisance. If the urban conservator has conducted a public hearing and concluded that the building is of historic significance, repair or other legal remedies will be pursued in lieu of demolition unless an emergency condition exists. The director of buildings and inspections shall have standing to seek a certificate of appropriateness from the urban conservator or historic conservation board for the purpose of performing repairs. Where the director of buildings and inspections seeks a certificate of appropriateness pursuant to this chapter, any fees associated with the application shall be waived. The director of buildings and inspections shall reduce the order to writing and incorporate the findings and conclusions supporting the order.

1101-57.5 Demolition or Repair: In cases where the director of buildings and inspections has directed a building to be repaired or demolished, the director of buildings and inspections shall:

(1)

Notify all known parties of interest in the property of his decision by sending a copy by certified mail to their tax mailing addresses, by publication at least once in the City Bulletin and by posting a notice of the decision upon the building or premises concerned.

(2)

Not less than thirty days after the notification as set forth in paragraph (1) of this division, cause the building to be demolished or repaired by governmental action. If demolished, the site will be left free of any nuisance and, if applicable, consistent with historic district guidelines. Maintenance of the vacant lot remains the responsibility of the owner or person in control. If repaired, the premises will be restored to a safe condition, free from any public nuisance, and the director of buildings and inspections will certify the costs incurred to the city treasurer for payment.

1101-57.6 Recovering Demolition or Repair Costs: The city solicitor, at the request of the director of buildings and inspections, shall recover the total cost of demolition and restoration or repair of the property, including the cost of service of notice and publication, from the persons on whom liability is imposed by § 1101-57.7 CBC.

1101-57.7 Liability of Owners and Persons in Control: Any person who on or after July 13, 1990 owns or is in control of a building found to be in violation of the CBC by the director of buildings and inspections pursuant to § 1101-61.1 CBC and subsequently demolished or repaired by government action pursuant to § 1101-57 CBC shall be jointly and severally liable for the costs incurred unless the building is reinspected and found to have been brought into compliance with the CBC without governmental action and the building is thereafter kept in compliance with the CBC for so long as the person retains any interest in the building.

The city solicitor may accept title to real property from any person liable for demolition or repair costs under § 1101-57.7 CBC in whole or partial settlement of that liability on being advised by the city manager that the property can be used for municipal purposes or that the city can cause the property to be rehabilitated or redeveloped if title is acquired.

1101-57.9 Administrative Stay: The owner or person in control of any building subject to demolition under § 1101-57.1(1) and § 1101-57.4 CBC may apply to the director of buildings and inspections for a stay of the demolition. The owner or person in control shall give to the city treasurer a bond in amount equal to the costs of demolishing the building and restoring the premises to a safe condition as estimated by the director of buildings and inspections conditioned on the owner or person in control causing the subject building to be brought into compliance with the CBC. The director of buildings and inspections may grant a stay for a period not to exceed 90 days on finding that the delay in demolition will not pose an imminent peril to the public. The director of buildings and inspections may extend a stay for an additional 90 days on being satisfied that the owner or person in control is diligently causing the building to be brought into compliance with the CBC. If the owner or person in control fails to bring the building into compliance with the CBC within the period of the stay the bond shall be forfeited. The director of buildings and inspections shall then demolish or repair the building and restore the premises to a safe condition, free from any public nuisance, and certify the costs incurred to the city treasurer for payment.

1101-57.9.5 Stay of Demolition or Repair of Buildings Under Contract for Rehabilitation With the City : The owner or person in control of any building subject to demolition or repair under § 1101-57.1(1) and § 1101-57.4 CBC who has a contract in effect with the city for the rehabilitation of that building or who has applied to the city for rehabilitation assistance may apply to the director of buildings and inspections for stay of demolition or repair by governmental action. If the contract is in effect the director of buildings and inspections may issue the stay for as long as the owner is not in default of the contract. The director of buildings and inspections may issue a stay to a person who has applied to the city for rehabilitation assistance if the director of community and economic development endorses the application for stay and states that the city is likely to enter into a rehabilitation contract within the next 90 days. If the application is rejected the stay shall terminate.

1101-57.10 Appeals: Any person affected by any order or decision of the director of buildings and inspections made pursuant to § 1101-57 CBC may appeal in the manner as provided by law.

(Ordained by Ord. No. 67-1996, eff. Apr. 5, 1996; a. Ord. No. 355-1996, eff. Nov. 6, 1996; a. Ord. No. 357-1998, eff. Oct. 16, 1998; a. Ord. No. 325-2001, eff. Nov. 9, 2001; a. Ord. No. 59-2002, eff. March 28, 2002; a. Ord. No. 418-2010, § 14, eff. Nov. 24, 2010; Emer. Ord. No. 045-2011, § 1, eff. Feb. 16, 2011; Emer. Ord. No. 080-2012, § 1, eff. March 21, 2012; a. Ord. No. 091-2014, § 1, eff. June 7, 2014; Emer. Ord. No. 238-2015, § 25, eff. July 1, 2015)