Rules and regulations pertaining to unfit or unsafe conditions shall be as follows:

A. Complaint Notice and Hearing.

1. Whenever a petition is filed with the building official by residents of at least five different households within a one-thousand-foot radius, charging that any structure is unfit or unsafe for human use or habitation or whenever the building official on his own motion determines by preliminary investigation that a basis for such charge exists, he shall issue and cause to be served upon the owner, every mortgagee of record and all parties in interest in such structure, including persons in possession, a complaint stating the charges in that respect. Such complaint shall contain a notice that a hearing will be held before the building official at a place therein stated, not less than ten days nor more than thirty (30) days after the serving of said complaint. The owner, mortgagee and parties in interest shall have the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint; and that rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the building official.

2. If after such notice and hearing the building official determines that the structure under consideration is unfit for human habitation or is dangerous and unsafe, he shall state in writing, including the provisions for appeal therefrom, his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof, an order that the owner of said property shall within the time specified in the order, repair, alter or improve such structure to render it fit or safe for human use or habitation or shall vacate and close the structure until conformance with this chapter is made.

3. If the owner fails to comply with the order to repair, alter or improve or to vacate and close the structure within thirty (30) days from the date fixed by the building official, the building official may cause such structure to be vacated and closed.

4. If the owner fails to comply with the order to repair, alter or improve the structure within thirty (30) days from the time allowed by the building official, and the cost of repairs, alterations or improvements exceed fifty (50) percent of the value of the structure, the building official shall order the owner to remove or demolish the structure.

5. If the owner fails to comply with an order to remove or demolish the structure within thirty (30) days from the date of such order, the building official may cause said structure to be removed or demolished.

6. All costs incurred by the city in the razing and removal of such structure and the making of the premises safe and secure shall be paid from moneys received from the sale of salvage therefrom and all moneys in excess of that necessary to pay such costs shall, after the payment of all costs, be paid to the owner of the premises upon which said structure was located; provided, that if there is no salvageable material or if moneys received from the sale of salvage is insufficient to pay the cost of such work, such costs or any portion thereof in excess of the amount received from the sale of salvage shall be assessed as a special assessment against the lot or parcel of land on which the structure was located and may be financed until the assessment is paid, and the city clerk shall at the time of certifying other city taxes, certify the unpaid portion of said costs and the county clerk shall extend the same on the tax rolls of the county against said lot or parcel of land.

B. Service of Complaint or Order. Complaints or orders issued by the building official pursuant to this chapter shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the building official in the exercise of reasonable diligence and the building official shall make an affidavit to that effect, then the serving of such complaint or order upon such person may be made by publishing the same once each week for two consecutive weeks in the official newspaper of the city. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed with the register of deeds of Butler County, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law; that the building official shall have the authority to release the complaint of record upon compliance with the order. (Prior code § 5-1220)