§ 1101-75. Barricading of Buildings by the Director of Buildings and Inspections.  


Latest version.
  • 1101-75.1 Buildings subject to barricading: The director of buildings and inspections may secure and barricade any building whenever:

    (1)

    The building has been deemed dangerous and unsafe pursuant to § 1101-63.1 CBC, and the owner or person in control has failed to bring the building into compliance with the CBC within the time provided, but the building has not been determined as threatening to collapse or posing other immediate peril, pursuant to § 1101-63.4 CBC; or

    (2)

    The owner or person in control has failed to comply with an order of the director to barricade the building issued pursuant to § 1101-65.2 CBC.

    1101-75.2 Administrative procedures: Whenever a building is subject to being barricaded pursuant to this Section the director of buildings and inspections shall:

    (1)

    Serve the owner, as determined from the official land records of Hamilton County, or person in control by personal delivery or by certified mail with a notice of intent to barricade. The director shall also post a copy of the notice of intent to barricade on the building.

    (2)

    The notice of intent to barricade shall set forth the street address of the building, the date of intended entry on the premises in order to secure and barricade the building, the right of an owner or person in control to a public hearing before the director on the necessity of the building being barricaded by the director prior to the building being so barricaded, and the time limit for requesting a public hearing, which shall be no less than three days after the date of the posting of the building with the notice of intent to barricade and before the date of intended entry.

    (3)

    If the owner or person in control requests in writing a public hearing within the time set forth in the notice of intent, the director shall refrain from barricading the building until after the director has held a public hearing.

    1101-75.3 Hearings: Whenever an owner or person in control requests a public hearing pursuant to § 1101-75.2(3) CBC, the director of buildings and inspections shall fix the time for the hearing, which shall be no later than three days after receipt of the request, and send notice of the hearing to the owner or person in control. The director of buildings and inspections shall conduct the hearing and receive testimony and other evidence as to whether good cause exists under the standards set forth in §§ 1101-63.1 or 1101-65.2 CBC for the director to barricade the building. The director shall announce the decision made at the conclusion of the hearing.

    1101-75.4 Barricading: If no request for a hearing was timely made or if following a hearing the director of buildings and inspections finds that good cause exists for barricading the building, the director shall enter on the premises to secure and barricade the building.

    1101-75.5 Liability of Owners or Persons in Control: Any owner or person in control shall be jointly and severally liable for the costs incurred by the director of buildings and inspections pursuant to § 1101-75.4 CBC and for service of notice.

    1101-75.6 Recovery of costs: The city solicitor, at the request of the director of buildings and inspections, shall recover all costs incurred by the director pursuant to § 1101-75.4 CBC from the persons liable for such costs under § 1101-75.5 CBC.

(Ordained by Ord. No. 67-1996, eff. Apr. 5, 1996; a. Ord. No. 6-2000, eff. Feb. 4, 2000; a. Ord. No. 418-2010, § 22, eff. Nov. 24, 2010)