§ 1101-64. Recovering Total Cost of Correcting Hazardous Condition of Building and/or Abating Nuisance.

(a)

The director may collect the total cost of abatement activities from the owner or person in control of a property whose property benefitted from the abatement activity using one or more of the methods prescribed in division (a)(1-4) of this section.

(1)

The director may invoice the owner or person in control pursuant to the quarterly fee schedule established pursuant to Section 1101-85.

(2)

The director may place a lien on the benefitted property in accordance with the process set forth in Ohio Revised Code Sections 715.26, 715.261, and 731.54 or any successor sections.

(3)

The city solicitor may commence a civil action to recover the total costs, including from the owner or person in control of the benefitted property at the time the costs were incurred.

(4)

The director may file a lien against and pursue a foreclosure of the benefitted land in accordance with the process set forth in Ohio Revised Code Sections 323.65 to 323.79, and 715.261(B)(3) or any successor sections.

(b)

For the purposes of this section, the following words and phrases shall have the following meaning:

(1)

"Abatement activity" means each instance of any of the following:

(A)

Removing, repairing, or securing insecure, unsafe, structurally defective, abandoned, deserted, or open and vacant buildings or other structures;

(B)

Making emergency corrections of hazardous conditions;

(C)

Abatement of any nuisance condition by the director as authorized by the Ohio Revised Code; and

(D)

All code enforcement activity undertaken to abate a nuisance condition that exists for more than sixty days following the director's issuance of orders describing the nuisance condition including, but not limited to, inspections and attempts to achieve code compliance.

(2)

"Nuisance condition" means any violation of a building code, housing code, zoning code, quality of life code, and any other codes under the jurisdiction of the director.

(3)

"Total cost" means any costs incurred due to the use of employees, materials, or equipment of the city; any costs arising out of contracts for labor, materials, or equipment; and costs of service of notice or publication as required under Chapter 11 of the Cincinnati Municipal Code. "Total cost" includes, but is not limited to, attorney's fees, costs of inspection, administrative and support staff fees, property maintenance costs, court costs, title search fees, process server fees, skip tracing expenses, costs of police, fire, and medical services provided to abate the nuisance conditions, and costs of collection or prosecution, including discovery and deposition expenses, incurred under this section relating to the demolition, repair, alteration, securing or boarding of a building or structure, or for abating any other nuisance condition.

(c)

The director may suspend the obligation to pay the total cost of abatement activities for a period of one year provided the owner or person in control of the benefitted property demonstrates to the satisfaction of the director that the person requesting the suspension:

(1)

has a bona fide and viable plan to correct the conditions that gave rise to the abatement activity;

(2)

has the financial capacity to implement the plan or is making a bona fide effort to obtain the financial resources to implement the plan;

(3)

will suffer an undue burden if required to pay the costs of abatement activity prior to implementation of the plan; and

(4)

demonstrates that the subject property does not pose an unreasonable hazard to emergency personnel and the health and safety of the public, including trespassers.

(d)

All suspensions issued under subsection (c) are subject to the following conditions:

(1)

The subject property must be maintained in a manner that does not pose an unreasonable hazard to emergency personnel and the health and safety of the public, including trespassers;

(2)

Any condition that arises or is discovered during the suspension period that poses an unreasonable hazard to emergency personnel and the health and safety of the public, including trespassers, must be repaired;

(3)

The condition or conditions giving rise to the abatement activity must be corrected prior to the expiration of the suspension period; and

(4)

The director shall be permitted to inspect the interior and exterior of the subject property based on an inspection schedule established by the director as necessary to ensure ongoing compliance with applicable laws and conditions.

(e)

The director may impose additional conditions on a suspension issued under subsection (c) to the extent necessary to ensure the subject property is maintained in a manner that does not pose an unreasonable hazard to emergency personnel and the health and safety of the public, including trespassers, during the suspension period.

(f)

The director may approve the assignment of an existing suspension to a subsequent purchaser or person in control of the subject property upon determining that they meet the same standards on which the suspension was granted. Upon approval, the purchaser or person in control shall have the same rights and responsibilities as the initial petitioner to whom the suspension was granted.

(g)

The director may terminate a suspension at any time and levy all suspended costs upon determining that the petitioner knowingly violated applicable law or a condition imposed on the suspension. Costs reinstated under this section shall be a debt due and payable to the city within 30 days of the decision.

(h)

The director shall certify that any costs suspended during the period are permanently waived upon to correction of the conditions that gave rise to the abatement activity.

(Ordained by Emer. Ord. No. 163-2018, § 8, eff. July 1, 2018)