(A) Collection of costs of abating dangerous property conditions.
(1) As used in this division, TOTAL COST means any costs incurred due to the use of employees, materials, or equipment of the municipality or its agent pursuant to division (A)(4) of this section, any costs arising out of contracts for labor, materials, or equipment, and costs of service of notice or publication required under this division.
(2) The village or its agent may collect the total cost of removing, repairing, or securing unsecure, unsafe, structurally defective, abandoned, deserted, or open and vacant buildings or other structures, of making emergency corrections of hazardous conditions, or of abating any nuisance by any of the following methods:
(a) The Fiscal Officer may certify the total costs, together with a proper description of lands to the County Auditor, who shall place the costs upon such lands from and after the date the costs were incurred. The costs shall be collected as other taxes and returned to the village, as directed by the Fiscal Officer in the certification of the total costs or in an affidavit from the agent delivered to the County Auditor or County Treasurer. The placement of the costs on the tax list and duplicate relates back to, and is effective in priority, as of the date the costs were incurred, provided that the village certifies the total costs within one year from the date the costs were incurred.
(b) The village or its agent may commence a civil action to recover the total costs from the owner.
(3) This division (A) applies to any action taken by the village, or its agent, pursuant to R.C. § 715.26, which authorizes the inspection, removal and repair of buildings, or pursuant to the Ohio Constitution, Article XVIII, Section 3.
(4) The village or its agent shall not certify to the County Auditor for placement upon the tax list and duplicate the cost of any action that it takes under division (A)(2) of this section if the action is taken on land that has been forfeited to the state for delinquent taxes, unless the owner of record redeems that land.
(B) Injunction may be granted for failure to comply. No person shall erect, alter, repair or maintain any residential building, office, mercantile building, workshop or factory including a public or private garage, or other structure, within the Village unless all ordinances or resolutions enacted pursuant to R.C. §§ 715.26 through 715.30 are fully complied with. In the event any building or structure is being erected, constructed, altered, repaired or maintained in violation of such ordinances, or resolutions, or there is imminent threat of violation, the village or the owner of the contiguous or neighboring property who would be specially damaged by such violation, in addition to any other remedies provided by law, may institute a suit for injunction to prevent or terminate such violation.
(C) Appropriation of property to rehabilitate; demolition or sale.
(1) In order to rehabilitate a building or structure that the village has determined to be a blighted property as defined in R.C. § 1.08, the village may appropriate, in the manner provided by R.C. §§ 163.01 through 163.22, any such building or structure and the real property of which it is a part. The village shall rehabilitate the building or structure or cause it to be rehabilitated within two years after the appropriation so that the building or structure is no longer a public nuisance, unsecure, unsafe, structurally defective, unhealthful or unsanitary, or a threat to the public health, safety or welfare, in violation of a building code or ordinance adopted under R.C. § 731.231. Any building or structure appropriated pursuant to this division in which is not rehabilitated within two years shall be demolished.
(2) If, during the rehabilitation process, the village retains title to the building or structure and the real property of which it is a part, then within 180 days after the rehabilitation is complete, the village shall appraise the rehabilitated building or structure and the real property of which it is a part, and shall keep or shall sell the building or structure at public auction. The village shall advertise the public auction in a newspaper of general circulation in the municipality once a week for three consecutive weeks prior to the date of sale. The village shall sell the building or structure and real property to the highest and best bidder.
(Ord. 1575-11, passed 6-14-2011)