§ 1101-63. Dangerous and Unsafe Premises.
1101-63.1 General: All buildings, structures, and premises shall be deemed a public nuisance constituting a dangerous and unsafe hazard to the safety, health, or general welfare of the occupants or the public if they have defects as set forth herein:
(1)
Those whose walls, floors, foundations, or other members are so out of plumb, level, or original position, or are so deteriorated or overloaded, as to be unlikely to perform their intended structural function, or are in such condition or of such size as to cause stresses in any structural members likely to result in failure or collapse; or
(2)
Those which are so dilapidated, decayed, or unsafe, or which so substantially fail to provide the basic elements of shelter or safety, that they are unfit for human habitation or dangerous to life or property; or
(3)
Those which, in the opinion of the director and a responsible officer of the fire division, constitute a serious fire hazard because of their use, construction, unprotected exposure, or lack of maintenance; or
(4)
Those which are a hazard to the safety, health, or general welfare of the occupants or the public; or
(5)
Those which the director has ordered vacated or kept vacant and which in the time provided by the order have not been brought into compliance with the CBC or into compliance with the terms and conditions of a current vacant building maintenance license.
Any such dangerous or unsafe building, structure, or premises is herewith declared to be a public nuisance.
Whenever a building, structure, or premises is found to be dangerous or unsafe, a written notice shall be sent to the owner or person in control, or agent in charge, stating wherein such building, structure, or premises is dangerous or unsafe, and ordering that the same be brought into compliance with the provisions of the CBC or be taken down and removed within a specified time, not to exceed 30 days from the date of the notice, except as provided in § 1101-63.2 or § 1101-77 of the CBC. If a building, structure, or premises is designated as a Historic Landmark or is a building, structure, or premises located within a designated Historic District, the written notice will specify that all alterations to the property must be made in compliance with § 1101-15.6 and Chapter 1435 of the Cincinnati Municipal Code, that all material alterations require a certificate of appropriateness, and that demolition is not permitted unless such demolition complies with Chapter 1435 of the Cincinnati Municipal Code. If the building, structure, or premises, in the opinion of the director, is beyond repair and is not designated as a Historic Landmark or located within a designated Historic District, the notice shall direct that it be taken down and removed. If the building, structure, or premises is designated as a Historic Landmark or is a building, structure, or premises located within a designated Historic District, and the director finds that it is beyond repair, the director shall schedule an administrative proceeding pursuant to § 1101-57.2. All such notices shall require the owner, person in control, or agent served to immediately advise the director in writing of his acceptance or rejection of terms of the notice, to wit: whether he will promptly take down and remove the building, structure, or premises, or will promptly cause the dangerous or unsafe condition to be remedied in accordance with the provisions of this Code; or if in disagreement with the notice and not willing to comply and where he can show substantial reasons for his disagreement, will under such circumstances file an appeal to the applicable board of appeals within 30 days of the date of the notice.
1101-63.2 Failure to take down and remove: If, after such service of notice, the owner, person in control, or agent refuses to comply with the order of the director, or if, at the end of the period allowed by the notice, the direction of the director to comply with the provisions of the CBC or to take down and remove has not been carried out by the owner, the director shall be authorized at any time thereafter as such person considers necessary for the public safety or welfare, to proceed in accordance with the provisions of §§ 1101-57, 1101-63.4, or 1101-75 CBC.
1101-63.3 Notice to the public of unsafe condition: In every case the director shall cause a written or printed notice to be placed on the dangerous or unsafe building or premises as a warning to the public. It shall be unlawful to remove any notice placed on such building or premises under the provisions of this Code until the use for the same has been corrected.
1101-63.4 Emergency Abatement of Dangerous and Unsafe Conditions: The director and city manager are authorized to abate dangerous and unsafe conditions that pose an immediate danger to the public health and safety by taking one or more of the following actions:
(1)
removing, repairing, and securing all buildings, structures, or premises determined to be insecure, unsafe, structurally defective, abandoned, deserted, or open and vacant;
(2)
making emergency corrections of hazardous conditions;
(3)
abating any nuisance;
(4)
performing any additional abatement activity, repairs, remediation, or corrections authorized by R.C. §§ 715.26 and 715.261.
If a building, structure, or premises is designated as a Historic Landmark or is a building, structure, or premises located within a designated Historic District, emergency repairs and compliance with Chapter 1435 of the Zoning Code shall be pursued in lieu of demolition whenever reasonable.
The director is authorized to collect the total cost incurred in conducting abatement activity under this Section in the manner provided by R.C. §§ 715.26 and 715.261 including, but not limited to, by placing a lien on the lands on which the abatement activity occurred.
1101-63.5 Correction of hazardous earth conditions: Whenever the director determines that any existing excavation, fill, slope or other earth condition has become a hazard, or endangers the public health and safety or any public or private property or adversely affects the safety, usability or stability of any public way or drainage channel or has caused detrimental erosion or sedimentation, the director shall order the owner or person in control of the property on which such condition exists to correct the condition.
(Ordained by Ord. No. 67-1996, eff. Apr. 5, 1996; a. Ord. No. 418-2010, § 16, eff. Nov. 24, 2010; Emer. Ord. No. 045-2011, §§ 3, 4, eff. Feb. 16, 2011; Emer. Ord. No. 238-2015, § 27, eff. July 1, 2015; Emer. Ord. No. 329-2016, § 2, eff. Oct. 19, 2016)