(a)   Enforcement.  
      (1)   The creation or maintenance of a violation of this chapter is prohibited and shall constitute a misdemeanor. Each day that a violation is permitted to continue constitutes a separate offense.
      (2)   All inspections, enforcement actions, and hearings on violations, unless expressly stated to the contrary, shall be under the direction and supervision of an Enforcement Officer, who may appoint or designate other public officers or employees to perform duties as may be necessary to enforce this Code, including inspections and holding of hearings. The Enforcement Officers are hereby authorized to abate such violations in accordance with the procedures of this Code and to serve notice to abate same, whether upon the owner or other responsible party for a premises upon which a violation is being maintained, or upon the person or persons causing or maintaining the violation.
      (3)   If a violation is found to exist on an owner-occupied premises and the owners demonstrate that the cost of remedying such violation would exceed the household's annual disposable income and thereby cause a financial hardship, enforcement shall be held in temporary abeyance until a means of financing or assistance can be identified.
      (4)   The objective of this Code being the abatement of violations, persons violating this Code shall be allowed a reasonable amount of time to voluntarily remedy the violation before action to assess costs or penalties for a violation is undertaken. Consideration will be given to evidence of a good faith effort to correct the violation; whether an imminent health or safety hazard exists; whether the person has previously been notified of or charged with violations of a similar nature; and other factors.
      (5)   Violations which are not voluntarily remedied may be abated by an administrative abatement process; the municipal infraction process; by court proceedings; at the abatement and assessment of costs therefore against the responsible party, at the discretion of the Village.
      (6)   It is further provided by this Code that if the Village judges that an emergency exists which creates a dangerous and imminent health or safety hazard to persons, property or the general public which requires immediate action, the Village may order such action as may be necessary to meet the emergency. Any orders issued pursuant to this paragraph shall be effective immediately or in the time and manner prescribed in the order itself.
      (7)   The enforcement officer may, but shall not be required to, give notice to abate prior to issuance of a civil citation for a repeat offense involving the same property and occurring within one year of a prior violation and notice to abate.
   (b)   Notice. When service of a notice to abate is required, the following methods of service shall be deemed adequate:
      (1)   By personal service upon the owner or other responsible party of the property upon which the nuisance exists, or upon the person or persons causing or maintaining the violation.
      (2)   If, after reasonable effort, personal service cannot be made, any two of the following methods of service shall be considered adequate:
         A.   Sending the notice by certified mail, return receipt requested to the last known address;
         B.   Publishing the notice once a week for two consecutive weeks in the newspaper of general circulation in the Village;
         C.   By posting the notice in a conspicuous place on the property or building deemed as nuisance.
   (c)   Appeal.  
      (1)   Any person affected by any notice to abate a violation of this Code may request a hearing on the matter before the Board of Appeals, provided that a written appeal shall be filed with the Enforcement Officer within ten days after the notice to abate was served. The appeal shall be filed on a form provided by the Village for that purpose, and shall state the particular section of the ordinance or interpretation thereof being appealed, and a brief statement of the grounds upon which such appeal is taken. Failure to file a timely appeal as prescribed herein shall be constituted a waiver of the right to a hearing, and the notice shall become final.
      (2)   The Board's determination and order shall be appealable to the Belmont County Court of Common Pleas. Such appeal shall be filed within thirty (30) days from the date of the Board's decision. The Board's order shall not be carried out until the time for filing appeal has expired.
   (d)   Abatement Remedies and Penalties.
      (1)   In the event that the violation is not abated as ordered and within the time specified, the Village may abate such violation by any of the following means:
         A.   By undertaking such abatement and assessing the costs therefore against the property.
         B.   By issuance of a civil action charging the owner or responsible party with a municipal infraction.
      (2)   Abatement may include but is not limited to repair, removal, cleaning, extermination, cutting, mowing, grading, sewer repairs, draining, securing, barricading or fencing, demolition of dangerous or abandoned structures or portions thereof, and elimination of nuisances. Abatement costs may include the cost of removing or eliminating the violation; the cost of investigation, such as title searches, inspection, and testing; the cost of notification; filing costs; and other related administrative costs. Inoperable or obsolete vehicles which have been impounded may be sold in accordance with state law. If an inoperable or obsolete vehicle is not sold or if the proceeds of such sale or redemption are not sufficient to pay the costs of abatement, storage, and sale of said inoperable or obsolete vehicle, such cost or the balance of such cost may be assessed against the premises in the same manner as a property tax.
      (3)   The Village may order any one or more of the following:
         A.    Place a judgment against the person and/or property of defendant for the costs of abatement.
         B.    Levy a civil penalty (fine) against the defendant of up to the one hundred dollars ($100.00) for the first offense and up to two hundred ($200.00) for repeat offenses.
         C.    Order abatement of the violation in any manner.
         D.    Assess costs of abatement against the premises.
   (e)   Emergency Abatement Procedures. If an Enforcement Officer determines that a violation exists and constitutes an imminent, clear, and compelling danger to health, safety or welfare of persons or property, the enforcement officer is authorized to abate the violation or have it abated without prior notice and opportunity for hearing. The costs of such action may be assessed against the premises. However, prior to such assessment, the Village shall give a property owner notice and the opportunity for a hearing before the Board of Appeals. An appeal shall not stay the effect of a notice or order under the emergency provisions of this article unless so ordered by the Board.
(Ord. 3222. Passed 6-27-05; Ord. 3471. Passed 8-2-10.)