§ 159.080 NOTICE TO PERSON RESPONSIBLE.

   Whenever the Enforcement Officer determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in §§ 159.081 and 159.082 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with § 159.092.

(Ord. 2007-16, passed 7-16-07)

§ 159.081 NOTICE.

   The notice prescribed in § 159.080 shall be in accordance with all of the following:

   (A)   Be in writing.

   (B)   Include a description of the real estate sufficient for identification.

   (C)   Include a statement of the violation or violations and why the notice is being issued.

   (D)   Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the property into compliance with the provisions of this code. Violations of § 159.164 shall be brought into compliance within five days of service of notice.

   (E)   Include a statement of the right to file a lien in accordance with § 159.062.

(Ord. 2007-16, passed 7-16-07; Am. Ord. 2013-02, passed 3-11-13; Am. Ord. 2020-8, passed 7-13-20)

§ 159.082 METHOD OF SERVICE.

   (A)   Notice as provided in this chapter, including but not necessarily limited to notices issued under §§ 159.035 or 159.080, shall be deemed to be properly served if a copy thereof is delivered by one of the following methods:

      (1)   Delivered personally;

      (2)   Sent by certified mail addressed to the subject property; or

      (3)   Sent by regular first class mail to the subject property and posted on the front door or other conspicuous place on or about the structure.

   (B)   Notices sent by mail, regular or certified, are deemed to be served three days after the mail is sent. If the mailing address indicated on the County Auditor's website indicates a different address than the subject property, duplicate notice shall be sent by regular first class mail to that address, as well.

   (C)   If the owner of the subject property as shown on the records of the County Auditor is not a resident of the village, in addition to the notice required under divisions (A) and (B) above, notice shall also be sent to the owner by regular mail to the record address. If the mailing address is unknown, notice shall be published once in a newspaper of general circulation in Hamilton County, with notice to be deemed served on the date of publication.

(Ord. 2007-16, passed 7-16-07; Am. Ord. 2013-02, passed 3-11-13)

§ 159.083 ABATEMENT AND REMEDIATION.

   (A)   In addition to any other remedy provided for in this code, upon a failure to comply with a notice of violation, a duly authorized employee or contractor hired by the village shall be authorized to enter upon the subject property to remedy the violation. The costs of such remediation shall be paid by the owner of the property.

   (B)   A statement of the cost of remediation shall be delivered to the owner in accordance with § 159.082. Remediation costs may include the cost of personnel, including wages, benefits, and other compensation, reasonable charges for equipment used, and reasonable administrative costs. An administrative fee of 15% of the remediation costs, or $50, whichever is greater, shall be added to the costs for which the owner is responsible.

   (C)   If the remediation costs are not paid within 30 days after service of the statement, the village shall make a written return to the County Auditor pursuant to R.C. § 731.54. Such amounts shall be entered upon the tax duplicate, shall be a lien upon such lands from the date of the entry, and shall be collected as other taxes and returned to village's General Fund.

(Ord. 2007-16, passed 7-16-07; Am. Ord. 2013-02, passed 3-11-13)

§ 159.084 TRANSFER OF OWNERSHIP.

   It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served, to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Enforcement Officer and shall furnish to the Enforcement Officer a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.

(Ord. 2007-16, passed 7-16-07)