(a) Public Nuisance. It shall be a public nuisance for any property subject to the requirements of Section 1353.05
to fail to comply with any of those requirements.
(b) Notice of Violation/Demand to Abate. Whenever the Chief Building Official (or designee) determines that a property is a public nuisance pursuant to paragraph (a), the Chief Building Official shall issue a notice of violation and demand to abate directed to the responsible party and to the legal owner, if the legal owner is different than the responsible party.
The notice shall contain:
(1) The street address and such other description as is required to identify the property.
(2) A statement that specifies the conditions that constitute the violation.
(3) A description of the measures necessary to correct the violation.
(4) An order that the responsible party take the necessary measures to correct the violation and abate the nuisance within ten (10) days from the date of the notice; unless the violation constitutes a violation of any provision of the Ohio Building Standards Code, in which case the notice shall order the responsible party to take the necessary measures to correct the violation and abate the nuisance within thirty (30) days from the date of the notice.
(5) A statement that if the responsible party fails to take the necessary measures to abate the nuisance within the specified time period, the responsible party will be subject to penalties pursuant to paragraph (d), and the City may take all necessary legal or administrative action, including performing the necessary measures, with the cost of such performance to be assessed against the responsible party.
(6) A statement that the responsible party may, during the specified time period in which it is ordered to correct and abate, request in writing a hearing before the Chief Building Official (or designee) regarding the conditions that constitute the violation and the measures necessary to correct the violation.
(7) A notice of the fee due, as provided in paragraph (c).
(8) The written notice shall be served on the responsible party and legal owner either by personal delivery or by first class mail.
(c) Fees. A responsible party to whom the Chief Building Official (or designee) has sent a notice of violation and demand to abate pursuant to paragraph (b) shall pay a fee of one hundred fifty dollars ($150.00) to cover the costs of the notice of violation and demand to abate including, but not limited to, administrative costs related to the notice; inspection and investigation of properties to determine whether they are public nuisances (other than inspections or investigations conducted pursuant to Section 1353.05
); inspection and investigation of properties subject to a notice of violation and demand to abate to determine whether they have complied with such demand; increased inspection and investigation of properties formerly subject to a notice of violation and demand to abate to ensure that such properties remain in compliance; and the administrative costs incurred in determining the appropriate fee. These costs shall be determined annually by the city.
(d) Penalty for Failure to Abate. Any responsible party served with a notice of violation that fails to take the necessary measures set forth in the notice shall become personally responsible for an administrative penalty in an amount up to one thousand dollars ($1,000.00) per day for each day of non-compliance after the specified time period set forth in the notice has passed, with a maximum total penalty of five hundred thousand dollars ($500,000.00), unless the responsible party provides documentary evidence to the Chief Building Official (or designee) that the structure is the subject of an active building permit for repair, rehabilitation or demolition and the responsible party is proceeding diligently in good faith to complete the repair, rehabilitation or demolition, where such evidence is accepted as adequate by the Chief Building Official (or designee).
A responsible party shall be liable for interest on any unpaid penalties accrued at the same annual rate as civil judgments.
(e) Abatement by City. In the event the violation is not abated within the time specified in the notice, the city may take all necessary actions to abate such violation, and the responsible party shall become personally indebted to the city for the actual and reasonable costs of abatement as adopted by the city at a public hearing.
After the city has taken abatement actions, the Chief Building Official (or designee) shall send a notice to the responsible party by first class mail advising the responsible party of the abatement action by the city. The notice shall also inform the responsible party that he/she is responsible for the actual and reasonable costs of abatement and notify the responsible party of the date and location of the public hearing at which the costs will be determined.
(f) Summary Abatement. If, in the opinion of the Chief Building Official (or designee), there exists a specific condition on any property subject to the requirements of this section which is of such a nature as to be an imminent threat to the public health, safety or welfare, the same may be abated by the city forthwith without compliance with the provisions of paragraph (b). The actual and reasonable costs of any abatement measures taken by the City pursuant to this paragraph shall be the responsibility of the responsible party as provided in paragraph (e).
(g) Appeals. Any person aggrieved by any of the requirements of this section may appeal as provided under Chapter 1305, Board of Building Appeals.
(Ord. 128-2012. Passed 8-27-12.)