(a) Should two reports from the County Health Commissioner, Police Chief and Fire Chief, after the inspection of the premises on which it is reported that a public nuisance exists, concur that a public nuisance does exist, although the nature thereof is not such as to require the summary abatement of such nuisance, photographs and reports of their findings, the same as provided in Section 532.02 shall be made and filed with the Mayor. The Mayor shall within five working days after receiving two concurring reports outlined in Section 532.02(b) cause written notice to be given to the person, firm or corporation who, from the records in the County Auditor’s office appears to be the owner or owners of the property, by any member of the Police Department or Fire Department by serving him or them personally or by leaving a copy at the ususal place of residence or business of such owner or owners or at the address of the residence or business of such owner or owners or at the address of such owner or owners in the County Auditor’s records, or by mailing a copy to such owner at such place or address by United States certified mail, return receipt requested. If service of the written notice is unable to be perfected by any of the hereinbefore described methods, then the Mayor shall within five working days after unsuccessful service arrange to have such notice published in a newspaper of general circulation in the City, once a week for two consecutive weeks, and shall further cause a copy of the notice to be left with the person, if any, in possession of the premises on which it is alleged that such a public nuisance exists, or if there is no person in possession thereof, he shall cause a copy of the notice to be posted on the premises.
(Ord. 88-15. Passed 5-3-88.)
(b) Such notice shall state, in brief, the findings of the existence of a public nuisance and shall further state that unless the owner or owners thereof cause the abatement of the public nuisance within thirty days after the service of the notice, the same shall be abated by the Village at the expense of such owner or owners. The owner or owners at any time after receipt of the notice may make a request in writing or in person to the Mayor to be furnished with a written list of the items which are alleged to constitute the public nuisance and which are alleged to be in need of repair and/or replacement and/or removal. (Ord. 77-29. Passed 11-1-77.)
(c) The owner or owners may make immediate application in writing or in person to the Zoning Inspector for a building permit to undertake the repair or replacement or demolition of the property alleged to constitute the public nuisance. The Zoning Inspector upon being furnished by the owner or owners with the complete plans and specifications covering the repairs or replacements indicating statement of the nuisance condition and which are in conformity with the Ohio Basic Building Code or the FHA Minimum Property Standards as to fire safety, devices, sanitation and drainage, shall, upon approval of the plans and specifications, cause a building permit to be issued to the owner. The Mayor may grant more than thirty days to the owner or owners in which to effect the repairs and/or replacements and/or removal, if a bona fide intention to abate such nuisance appears to him and if good cause for reasonable delay is shown to him.
(Ord. 88-15. Passed 5-3-88.)
(d) The owner or owners may within fourteen days after receipt of the notice, make a demand in writing to the Mayor for a hearing on the question of whether in fact a public nuisance exists and/or whether or not more than thirty days should be granted to the owner or owners to abate the nuisance. The hearing shall be held within ten days following receipt of the written demand and at least two days notice of the hearing shall be given to the owner or owners. The hearing shall be conducted by the Board of Zoning and Building Appeals. Three members of the Board of Zoning and Building Appeals must concur that a public nuisance exists before enforcement of the abatement is carried out. A majority of the Board of Zoning and Building Appeals may amend or modify the notice and order, or extend the time for compliance by the owner with parts of the abatement by such date or dates as such majority may determine. A copy of the decision and order of the Board of Zoning and Building Appeals shall be promptly served upon the owner or owners in the manner provided for by Section 532.02. The decision and order of the Board of Zoning and Building Appeals shall be final and conclusive, unless the owner or owners file, within ten days after the decision is rendered, an appeal to the Mayor.
(Ord. 77-29. Passed 11-1-77; Ord 88-15. Passed 5-3-88.)