§ 1101-80. Director's Actions.

1101-80.1 Written Determination by the Director.

(1)

Any person who has a bona fide controversy with the interpretation, application, or enforcement of a law under the jurisdiction of the director may petition the director for a written decision, order, or adjudication as follows:

(a)

The petition shall be on forms prescribed by the director.

(b)

The petition shall be accompanied by the applicable fee.

(c)

The petition may not relate to a decision, order, or adjudication that is the subject of a past or pending administrative appeal or legal action.

(d)

The director shall dispose of the petition based upon the petitioner's written submissions, applicable laws, publicly available materials, and an inspection of the subject property if necessary; provided, however, the petitioner may be heard in person prior to final disposition of the petition by making the request in writing upon submission of the petition.

(e)

If the director requests to inspect the subject property, the petitioner may refuse the request but the refusal may serve as a basis for the denial of the petition.

(f)

The director shall issue a final written determination on the petition within 30 days from the date of its submission, which determination shall constitute a final, appealable adjudication of the controversy described in the petition.

1101-80.2 Suspension of Vacated Building Maintenance License Fees and Requirements. Any person subject to the provisions of Section 1101-77, "Obligations of Owners and Persons in Control of Vacated Buildings," may petition the director for an order suspending provisions of the CBC as follows:

(1)

The director may suspend the obligation to pay vacant building maintenance license application fees under Section 1101-129, "Fees for Vacated Building Maintenance Licenses," for a period of one year provided the petitioner demonstrates to the satisfaction of the director that:

(a)

The petitioner has a bona fide and viable plan to make the subject property safe for occupancy;

(b)

The petitioner has the financial capacity to implement the plan;

(c)

Payment of the fees will place an undue burden on the petitioner's ability to implement the plan; and

(d)

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

(2)

The director may suspend the obligation to pay vacant building maintenance license application fees under Section 1101-129, "Fees for Vacated Building Maintenance Licenses," for a period of two years provided the petitioner demonstrates to the satisfaction of the director that:

(a)

The petitioner meets all requirements of Section 1101-80.2(1);

(b)

The petitioner has made one or more vacated or condemned structures within the City of Cincinnati safe for occupancy within the previous five year period; and

(c)

The subject property is either (i) a Historic Landmark, or a building, structure, or premises located within a designated Historic District; or (ii) development of the subject property is infeasible within the following two years.

(3)

The director may suspend one or more of the vacated building maintenance standards set forth under Section 1101-79.4, "Vacated Building Maintenance Standards," for a period of one year provided the petitioner demonstrates to the satisfaction of the director that:

(a)

The literal and strict enforcement of the standard will cause unnecessary hardship; and

(b)

Granting relief from enforcement of the standard will not violate the spirit and intent of the standard or create an unreasonable hazard to emergency personnel and the health and safety of the public, including trespassers.

(4)

Upon receiving a request no earlier than 60 days prior to its expiration, the director may extend a suspension period issued under this section for a total duration not to exceed five years provided the petitioner demonstrates to the satisfaction of the director that:

(a)

The petitioner has complied with applicable laws and conditions imposed by the director during the suspension period;

(b)

The petitioner continues to meet the standards on which the suspension was ordered;

(c)

For suspensions granted pursuant to subsections (1) and (2), the petitioner has made diligent efforts to implement its plan for making the subject property safe for occupancy but has been unable to do so for good cause; and

(d)

The petitioner has demonstrated that the extension period requested is no longer than reasonably necessary to correct or repair the offending condition(s) affecting the subject property.

(5)

Any petition filed pursuant to this section shall be made in the manner described in Section 1101-80.1.

1101-80.3 VBML Suspension Terms and Conditions.

(1)

All suspensions issued under Section 1101-80.2 are subject to the following conditions:

(a)

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

(b)

The petitioner shall timely repair 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;

(c)

The petitioner shall make the subject property safe for occupancy prior to the expiration of the suspension period; and

(d)

The petitioner shall permit the director 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.

(2)

The director may impose additional conditions on a suspension issued under Section 1101-80.2 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.

(3)

The director may approve the assignment of an existing suspension to a subsequent purchaser or personal in control of the subject property upon determining that they meet the same standards on which the suspension was ordered. 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.

(4)

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

(5)

The director shall certify to the petitioner that any fees suspended during the period are permanently waived upon determining the subject property has been made safe for occupancy.

1101-80.4 Appeals. Any person adversely affected by a final, appealable decision, order, or adjudication made pursuant to this Section may appeal the decision, order, or adjudication to the administrative body having jurisdiction over the subject matter of the decision, order, or adjudication.

(Ordained by Emer. Ord. No. 238-2015, § 30, eff. July 1, 2015; a. Ord. No. 345-2017, § 1, eff. Jan. 20, 2018)