§ 150.38. PERFORMANCE OF WORK REQUIRED BY ORDERS; PROCEDURE.
Latest version.
(A) The work required by an order of the Building Administration may be performed in the following manner.
(1) If the work is being performed under an order other than an order under § 150.32(A)(2), and if the cost of this work is estimated to be less than $10,000, the city, acting through its Building Administrator as enforcement authority or other agents, may perform the work by means of the city's own workers and with equipment either owned or leased by the city. Notice that this work is to be performed must be given to all persons with a substantial property interest, in the manner prescribed in division (C) below, at least 10 days before the date of performance of the work by the Building Administrator. This notice must include a statement that an amount representing a reasonable estimate of the cost incurred by the Building Administrator in processing the matter and performing the work may, if not paid, be recorded after a hearing as a lien against all persons having a fee interest or life estate interest in the unsafe premises.
(2) If the work is being performed under an order other than an order under § 150.32(A)(2), and if the estimated costs of this work is $10,000 or more, this work must be let at public bid to a contractor licensed and qualified under law. This obligation to pay costs imposed by § 150.39 is based on the condition of the unsafe premises at the time the public bid was accepted. Changes occurring in the condition of the unsafe premises after the public bid was accepted do not eliminate or diminish this obligation.
(3) If the work is being performed under an order to seal an unsafe building under § 150.32(A)(2), the work may be performed by a contractor who has been awarded a base bid contract to seal unsafe buildings for the Building Administrator, or by the city using its own workers and equipment owned or leased by it. The unsafe building may be sealed without further notice to the persons holding a fee interest or life estate interest, and these persons are liable for the cost incurred by the Building Administrator in processing the matter and performing the work, as provided by § 150.39.
(B) Bids may be solicited and accepted for work on more than 1 property if the bid reflects an allocation of the bid amount among the various unsafe premises in proportion to the work to be accomplished. The part of the bid amount attributable to each of the unsafe premises constitutes the basis for calculating the part of the costs described by § 150.39(A)(1).
(C) All persons who have a substantial property interest in the unsafe premises and are subject to an order other than an order under § 150.32(A)(2) must be notified about the public bid in the manner prescribed by § 150.44, by means of a written statement including:
(1) The name of the person to whom the order was issued;
(2) A legal description or address of the unsafe premises that are the subject of the order;
(3) A statement that the contract is to be let at public bid to a licensed contractor to accomplish work to comply with the order;
(4) A description of work to be accomplished;
(5) A statement that both the bid price of the licensed contractor who accomplishes the work and amount representing a reasonable estimate of the costs incurred by the Building Administrator in processing the matter of the unsafe premises may, if not paid, be recorded after a hearing as a lien against all persons having a fee interest or life estate interest in the unsafe premises;
(6) The time of the bid opening;
(7) The place of the bid opening; and
(8) The name, address and telephone number of the Building Administrator.
(D) If the notice of the statement that public bids are to be let is served by publication, the publication must include the information required by division (C) above, except that it need only include a general description of the work to be accomplished. The publication must also state that a copy of the statement of public bid may be obtained from the Building Administrator.
(E) Notice of the statement that public bids are to be let must be given, at least 10 days before the date of the public bid, to all persons who have a substantial property interest in the property and are subject to an order other than an order under § 150.32(A)(2).
(F) If action is being taken under this section on the basis of an order that was served by publication, it is sufficient to serve the statement that public bids are to be let by publication, unless the enforcement authority has received information in writing that enables it to make service under § 150.44 by a method other than publication.
