For purposes of this chapter, the definitions found in the Village Codified Ordinances and the following definitions apply:
(a) “Abate” means to lessen, to put an end to, or to do away with a public nuisance.
(b) “Abatement” means the removal or reduction of a public nuisance.
(c) “Mayor” means the Mayor of the Village of Ashville.
(d) “Owner” means any of the following:
(1) The owner of record as shown on the current tax list of the auditor of Pickaway, Franklin, Delaware, Licking, Ross or Fairfield County, Ohio;
(2) The mortgage holder of record, if any, as shown in the mortgage records of the recorder of Pickaway, Franklin, Delaware, Licking, or Fairfield County, Ohio;
(3) Any person who has a freehold or lesser estate in the premises;
(4) A mortgagee or vendee in possession. “In possession” means someone who evidences charge, care or control of the premises, and includes someone to whom the sheriff of Pickaway, Franklin, Delaware, Licking, Ross or Fairfield County has issued a deed for the premises whether or not the deed has been recorded;
(5) Any person who has charge, care or control of the premises as agent, executor, administrator, assignee, receiver, trustee, guardian or lessee;
(6) Any person who holds himself or herself out to be in charge, care or control of the premises as evidenced by negotiating written or oral lease agreements relative to the premises, collecting rents for the premises, performing maintenance or repairs on the premises or authorizing others to perform maintenance or repairs on the premises.
(b) “Public nuisance” means any of the following:
(1) Any building, premises or real estate, including vacant land, or any appurtenance thereto which is not in compliance with any building, nuisance abatement, sanitation, health, fire, zoning or safety section of the Village of Ashville’s Codified Ordinances;
(2) Any building, premises or real estate, including vacant land, or any appurtenance thereto upon which its real property taxes have remained unpaid in excess of one (1) year from date of assessment;
(3) Any building, premises or real estate, including vacant land, or any appurtenance thereto on which a felony violation of the Ohio Revised Code Chapters 2925 or 3719 has occurred;
(4) Any building, premises or real estate, including vacant land, or any appurtenance thereto as defined as a nuisance or public nuisance in Ohio Revised Code Chapter 3767;
(5) Any building, premises or real estate, including vacant land, or any appurtenance thereto that is used or occupied by a criminal gang (as defined in Ohio R.C. 2923.41) on more than two occasions within a one year period to engage in a pattern of criminal gang activity (as defined in Ohio R.C. 2923.41);
(6) Any building, premises or real estate, including vacant land, or any appurtenance thereto used in violation of Ohio R.C. Chapter 2915.
(7) Any of the following items on private property:
A. Grass in excess of eight inches; or
B. Roots of trees which obstruct any portion of a sewer located on City property or within City easements; or
C. Shrubs or bushes located within twenty feet of the intersection of two or more streets and abutting either the sidewalk or the normal sidewalk location if the shrubs or bushes exceed two feet in height above the surface of either the sidewalk or the normal sidewalk location; or
D. A tree, plant, bush or shrub, the branches or trunk of which obstruct or impede traffic on any street or public place. Branches overhanging within nine feet of the surface of any sidewalk or within thirteen and one-half feet of the surface of any street shall be deemed prima facie to obstruct or impede traffic thereon; or
(8) Any structure or object which is permitted to be or remain:
A. In a dilapidated, decayed, unsafe or unsanitary condition detrimental to the public health, safety and welfare, or well-being of the surrounding area; or
B. A fire hazard; or
C. Continually vacant causing deterioration or creating a blighting influence on nearby properties or thereby depreciating the value, use and enjoyment thereof to such an extent that it is harmful to the public health, safety, welfare, or well-being of the surrounding area. (Ord. 2009-16. Passed 11-16-09.)