(a) Title. This chapter shall be known as “Nuisance Abatement” of the Village of Ashville, hereafter referred to as the Nuisance Abatement or this chapter.
(b) Purpose. The purpose of this chapter is to protect the public’s health, safety and welfare and to prevent the blighting of the Village’s neighborhoods.
(c) Relationship to Other Regulations. This chapter shall not be construed to prevent the enforcement of other ordinances of the Village of Ashville or the Ohio Revised Code that prescribes standards other than are provided in this chapter.
(d) Enforcement.
(1) Procedure for finding a public nuisance.
A. Upon a complaint of the existence of a public nuisance or acquiring knowledge of the existence of such public nuisance, as defined in Section 551.03
, the Police Department, Fire Department or other employees designated by the Mayor shall inspect the alleged public nuisance to determine if there are reasonable grounds to believe that an actual nuisance exists.
B. Upon presentation of proper credentials and when permission is granted by a person who represents he or she has authority to grant permission, the Police Department, Fire Department or other employees designated by the Mayor may enter any building, premises or real estate, including vacant land, or any appurtenance thereto in the Village to perform any duty imposed upon him or her by this chapter. Absent such permission, the employee may apply to a judge of a court of record, pursuant to Ohio R.C. 2933.21(F), for a search warrant to conduct an inspection.
C. Every occupant of a building, premises or real estate, or any appurtenance thereto shall give the owner access to any part of the building, premises or real estate or any appurtenance thereto at all reasonable times for the purposes of making an inspection or maintenance, repair or alteration of the building, premises or real estate or any appurtenance thereto as are necessary to comply with this section.
D. The identification of a person who makes a complaint pursuant to this section shall be kept confidential and shall not be subject to disclosure under Ohio R.C. 149.43.
(2) Inspection and powers; notice.
A. When a public nuisance is found to exist upon reasonable grounds, the Police Department, the Fire Department or other employees designated by the Mayor shall affix to such building or structure upon or adjacent to the door or entrance thereto, a placard on which shall be printed a declaration that such building or structure is a public nuisance. Notice shall also be served upon the owner or occupant of the premises where such nuisance exists to abate the nuisance within a reasonable time. Such notice of violation shall:
1. Be in writing;
2. Describe the building, structure, premises or real estate, including vacant land, or appurtenance thereto alleged to be a public nuisance;
3. Identify the sections of the Ohio Revised Code, the ordinances of the Village or regulation whose violation creates a condition or conditions on the building, structure, premises or real estate, including vacant land, and appurtenances thereto that cause the building, structure, premises or real estate, including vacant land, or appurtenances thereto, to be a public nuisance.
4. Order the owner to abate the conditions; however, it shall not be necessary to designated the manner in which any such nuisance shall be abated unless the employee deems it advisable to do so;
5. Specify a reasonable time for compliance with the order to abate;
6. Advise the owner that if the order to abate the conditions indicated in the notice of violation is not complied with by the specified date of compliance, the Village or designated employee may:
a. Initiate a civil and/or criminal action against the owner, or
b. Cause the conditions indicated in the notice of violation to be corrected by Village personnel or private contractor and charge the costs of such correction as a lien upon the owner’s building, structure, premises or real estate, to include vacant land, or appurtenance thereto.
B. The requirement for service of notice under the provision of subsection (d)(2)A. hereof may be complied with by any one of the following methods:
1. Personal service, or
2. Certified mail, or
3. Residence service, or
4. Publication, or
5. Regular mail service to an address that is reasonably believed to be:
a. A place of residence of the owner, or
b. A location at which the owner regularly receives mail, or
6. Posting the notice of violation on or in the property, except that if a structure is vacant, then the notice shall be posted on the structure and one of the above methods of service shall also be used.
(Ord. 2009-16. Passed 11-16-09.)