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(a) The designated official is authorized and directed to issue a citation under the following circumstances:
(1) If no response with intent to comply is forthcoming after receipt of both the first and second notices of violations;
(2) The violator acknowledges the correction order in either the first or second notice and fails to make the required repairs and/or improvements within the time agreed upon, in writing, with the designated official; or
(3) No appeal has been filed with the Board of Zoning and Building Appeals within the time limits specified herein; and
(4) In the case where a violator has filed an appeal and has failed to comply with the decision of the Board of Zoning and Building Appeals and the time has expired for any further appeals pursuant to law.
(b) Said citation shall be used for the purpose of imposing a fine(s) to the person or persons responsible for violations of this Exterior Property Maintenance Code.
(1) Contents. Such citation shall state the nature of the violation, refer to the section or sections of this chapter violated, and state the appropriate assessment or penalty for the violation.
(2) Payment of Assessment. Any person or persons who received a citation shall appear at the place designated in the citation and shall pay the assessment for the violation cited. Upon timely payment of the assessment no further action will be taken to prosecute the violation if remedial action is taken.
(3) Notice and Future Violation. The citation shall be deemed sufficient notice, summons, and legal service for the purpose specified in the citation; provided, however, that the use of such citation shall not prohibit the issuance of either additional citations or a legal notice of violation as provided in this chapter, in the event such violation is continued or repeated.
(4) Establishment of Fee Schedule by City Council Magistrate. Prior to the issuance of any citation, the Magistrate shall adopt a citation fee schedule. From time to time and upon its own motion, the Magistrate may modify the citation fee schedule.
(5) Penalty Assessment. When a citation has been issued pursuant to this section, an amount established by the Magistrate is hereby assessed on the violator. If the assessment is paid within the first 72-hour period immediately following the issuance of the citation and the violation is corrected, assessments due will be reduced by 50%. Failure to pay the assessment within a period of 30 days after the date of service of the citation constitutes a minor misdemeanor, punishable as provided in Section 1484.99. Assessments may also be attached to the property taxes for the property in question.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)
Any citation not promptly complied with per Section 1484.07 shall be forwarded to the Law Department/Prosecutor for legal action to collect all fines due and to assure compliance for abatement of the nuisance.
(Ord. 158-05. Passed 11-14-05.)
Should the nuisance not be abated at the expiration of the time stated in the notice or order of the designated official or any extensions granted or such additional time as the Exterior Property Maintenance Code Board of Zoning and Building Appeals may grant, the designated official is authorized to request a court to permit entry to take such action as deemed appropriate to abate the nuisance, in addition to any remedies provided elsewhere in this Exterior Property Maintenance Code. In abating such nuisance, the designated official may call on any department, division or contractor of the City for any assistance necessary to abate the nuisance or may, by private contract, abate such nuisance and the cost of the contract will be paid for from City funds. All costs incurred to abate a nuisance shall be recovered in the following manner:
(a) The owner(s) shall be billed directly by certified mail deposited with the United States Post Office. In the event the certified envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail and the mailing shall be evidenced by a certificate of mailing which shall be filed by the designated official.
(b) If the costs are not so recovered within 30 days of receipt of the mailing described in division (a) of this section, the City may collect the cost in accordance with the applicable provision of the Ohio Revised Code.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)
The Director of Public Safety and the designated official shall have power as may be necessary in the interest of public safety, health and general welfare, to adopt and promulgate rules and regulations to implement the provisions of this chapter, to secure the intent of this chapter and to designate requirements applicable because of local climatic or other conditions; but such rules shall not have the effect of waiving working stresses or fire protection requirements specifically provided in this chapter or violating approved practice involving public safety.
(Ord. 158-05. Passed 11-14-05.)
It shall be unlawful for the owner of any building or structure who has received a notice of violation to sell, transfer, mortgage, lease or otherwise dispose of the property to another until the provisions of the 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 notice of violation issued by the designated official and shall furnish to the designated official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such notice of violation. Failure to comply with the requirements of this section shall constitute a misdemeanor of the first degree.
(Ord. 158-05. Passed 11-14-05.)
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