(a) Whenever the Mayor suspects the existence of a public nuisance as defined by Section 1343.01(a), or is advised by the Volunteer Fire Department, Fire Inspection Officer, or learns from any other source of the apparent existence of such nuisance, he shall promptly cause such suspected public nuisance to be inspected by the Fire Inspection Officer. Following such inspection, should the Fire Inspection Officer determine that there are reasonable grounds to believe that a public nuisance exists, he shall notify the Chairman of the Board of Nuisance Abatement, who shall cause a hearing to be held by the Board on the question of the existence of a public nuisance.
(b) The owner of the property in question or his duly authorized representative or agent, shall be notified of the date, time and place of such a hearing in accordance with the provisions of Section 1343.03 and shall be given an opportunity of appearing in person or through a duly authorized representative or agent, at such hearing and of presenting such evidence as may be pertinent to the question of the possible existence of the public nuisance.
(c) Prior to the meeting of the Board of Nuisance Abatement, called to consider the question of the existence of a public nuisance, the property in question shall be inspected by qualified representatives of the Volunteer Fire Department. Reports of these inspections and the inspection report of the Fire Prevention Officer will be made available to the Board at the subject hearing.
(d) The Board of Nuisance Abatement shall be composed of the Zoning Inspector, the Chief of the Volunteer Fire Department and the Mayor, or their duly authorized representatives. The Mayor or his duly authorized representative shall serve as Chairman of the Board.
(e) It shall be necessary to have a concurring vote of at least two members of the Board for a finding that a public nuisance as defined in Section 1343.01(a) does exist.
(f) The Board, following the hearing, shall cause a written order to be served on the owner of the subject property, in accordance with the provisions of Section 1343.03, stating the findings of the Board with respect to the existence of a public nuisance. If the Board finds that a public nuisance does exist, the order shall include: where abatement of the nuisance can be accomplished through repair or rehabilitation; a list of repair or rehabilitation specifications required to abate the public nuisance; and shall state that unless the owner of the subject property causes the abatement of the public nuisance by repair, rehabilitation or demolition, the same will be abated by the Municipality at the expense of the owner. Such abatement by the owner shall start within thirty days after receipt of the order and shall be completed within ninety days or, where abatement is to be accomplished through repair or rehabilitation, such additional time as the Mayor or his duly authorized representative may deem necessary to complete the abatement of the public nuisance.
(Ord. 1261-82. Passed 8-16-82.)