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Where a public nuisance or violation of this chapter is found to exist, a written notice from the property maintenance officer shall be served upon the person or persons responsible for the correction thereof.
(A) Contents of notice. The notice shall specify the violation or the violations committed, what must be done to correct the same, and a reasonable period of time (not to exceed 45 days) to correct or abate the violation.
(B) Service of notice. Notice may be served personally or by mail with postage prepaid, addressed to the last known address of the person to be served. Where it is ascertained that the owner does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the Wood County Auditor. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building. The property maintenance officer shall file and provide notice to any owner or occupant of any violation at any address other than the last known address provided hereunder if such other address is filed with the property maintenance officer personally or by certified mail addressed to the property maintenance officer. Date of service of the notice shall be determined (where service is by mail) as the day following the day of mailing for notices to addresses within the city and as of the fourth day after the day of mailing for notices to addresses outside the city. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day. Notwithstanding any other provisions herein contained where premises are subject to registration and have been so registered, notice served upon the agent designated therein shall constitute service upon the owner, or lessor of the premises, jointly and severally.
(C) Non-compliance with notice. Whenever the owner, agent, occupant, or operator of a structure or premises fails, neglects, or refuses to comply with any notice of the property maintenance officer, the property maintenance officer may advise the Director of Law of the circumstances, and request to institute an appropriate legal action to compel compliance.
(Ord. 9142, passed 12-18-2023)
If any section, subsection, paragraph, sentence, clause, phrase, or word contained in this chapter shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter which shall remain in full force and effect, and to this end, the provisions of this chapter are hereby declared to be severable.
(Ord. 9142, passed 12-18-2023)
The imposition of any penalty shall not preclude the Director of Law from instituting an appropriate action of proceeding in a court of proper jurisdiction to prevent an unlawful repair or maintenance; or to restrain, correct, or abate a violation; to prevent the occupancy of a building, structure, or premises; to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules, or regulations, or the orders of determinations of the property maintenance officer.
(Ord. 9142, passed 12-18-2023)
(A) Whoever violates any provision of this chapter is guilty of a minor misdemeanor.
(B) Whoever violates any subsequent offense in this chapter shall be guilty of a misdemeanor of the fourth degree. Each violation of a section of this chapter shall constitute a separate and distinct violation independent of any other section or subsection or any order issued pursuant to this chapter.
(Ord. 9142, passed 12-18-2023)