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Upon the finding of any nuisance described in this chapter on a parcel of land that has a building or other structure on it, the Commissioner of Environment may do one (1) or more of the following:
(a) If the nuisance represents an imminent threat to the public health, request that the Department of Parks and Recreation immediately abate the nuisance without notice, and bill the owner for the costs of any abatement;
(b) If it is thirty (30) days after the notice described in Section 209.02 is mailed or published, request that the Department of Parks and Recreation abate the nuisance without further notice, and bill the owner for the costs of any abatement;
(c) Order the owner, operator, or person in possession or control of the property to abate the nuisance, giving a time frame for compliance. If the abatement does not occur within the stated time frame or if the action taken does not completely abate the nuisance, the Commissioner may request the Department of Parks and Recreation, or its designee, to abate the nuisance and bill the owner for the costs of any abatement;
(d) Order the owner, operator, or person in possession or control of the property to install and maintain fencing or another similar barrier, in such a manner that the nuisance will be abated or will be kept from re-occurring;
(e) Issue a citation for the violation, under Rule 4.1 of the Ohio Rules of Criminal Procedure;
(f) Pursue any civil or criminal legal actions that may be necessary for the protection of the public health, safety, or welfare.
(Ord. No. 318-06. Passed 3-20-06, eff. 3-24-06)
(a) The Director of Parks and Recreation, or his or her designee, after abating a nuisance under this chapter shall bill the owner of the property for reimbursement of the costs of abatement. The bill shall be mailed to the owner’s last known address, when the name and address of the owner are known.
(b) Costs that may be billed include inspection, records research, notification, collection agency fees, if any, and billing. A schedule of the costs shall be on file in the office of the Director of Parks and Recreation, open for public inspection, and shall be published at least once in the City Record.
(c) If a bill is not paid within thirty (30) days, or if the name or address of the owner is not known, the Director of Parks and Recreation may certify that fact to the Commissioner of Assessments and Licenses. The Commissioner may make a written return to the County Auditor of the action under this chapter, including a statement of the costs of the abatement services and a description of the property sufficient to allow the costs to become a lien on the property. If the Commissioner makes a return to the County Auditors, then the lien on the property shall be collected in the same manner as other taxes and returned to the City general fund in accordance with RC Chapter 731.
(d) Nothing in this section shall prevent the Director of Law from taking any other action necessary to collect the costs of abatement described by this section.
(Ord. No. 903-06. Passed 5-22-06, eff. 5-26-06)
(a) A notice or order issued by the Commissioner of Environment may be appealed to the Commissioner within ten (10) days after receipt of the notice or order. The Commissioner shall grant the appeal or conduct a hearing within thirty (30) days. The Commissioner shall have jurisdiction to affirm, reverse or modify the notice or order. A person aggrieved by a final decision of the Commissioner may further appeal to the Board of Zoning Appeals within thirty (30) days after the Commissioner’s decision.
(b) A bill received from the Department of Parks and Recreation may be appealed to the Director of the Department of Parks and Recreation within ten (10) days after receipt of the bill. The Director shall grant the appeal or conduct a hearing within thirty (30) days. The Director shall have jurisdiction to affirm, reverse or modify the bill. A person aggrieved by a final decision of the Director may further appeal the decision to the Board of Zoning Appeals within thirty (30) days after the Director’s decision.
(Ord. No. 1017-97. Passed 6-16-97, eff. 6-24-97)
(a) This Chapter may be enforced through civil or criminal legal proceedings. These remedies are in addition to any right the City may have under this chapter to abate a nuisance and to recover the costs of the abatement.
(b) No person shall fail to abate a nuisance described in this chapter.
(c) A violation of this chapter shall be a minor misdemeanor.
(d) In addition to any other method of enforcement provided in this chapter, this chapter may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure.
(Ord. No. 318-06. Passed 3-20-06, eff. 3-24-06)