CHAPTER 561
Nuisances
561.01    Prohibited nuisances.
561.02   Inspections.
561.03   Abatement of nuisance; notice.
561.04   Failure to abate nuisance; assessment.
561.05   Interpretation of chapter.
561.06   Abandoned service stations.
561.99   Penalty.
CROSS REFERENCES
      Removal of unsafe structures - see Ohio R.C. 715.26(B), 715. 261
      Inspection of buildings for fire and safety - see Ohio R.C. 737.34
      Board of Health to enforce State sanitary regulations - see Ohio R.C. 3701.56
      Orders and regulations of County Board of Health - see Ohio R.C. 3709.21
      Abandoned service station - see Ohio R.C. 3791.11 et seq.
      Permitting livestock to become a nuisance - see GEN. OFF. 505.13(c)
      Health, safety and sanitation generally - see GEN. OFF. Ch. 521
   561.01 PROHIBITED NUISANCES.
   (a)    For the purpose of abating public nuisances and assessing for the cost thereof, and prescribing the conduct, whether of omission or commission, of any natural person or business operating as a proprietorship, partnership, unincorporated association or corporation, as owner or occupier of any lot or land within City limits or of any building, house or other structure on any such lot or land, a public nuisance shall exist when:
      (1)    Any building, house or structure becomes so out of repair and dilapidated that, in the condition it is permitted to be and remain, it shall or will, if such condition continues, endanger the life, limb or property of or cause damage or injury to persons or property using or being upon the streets or public ways of the City adjoining such lot or land by reason of the collapse of such building, house or structure or by the falling of parts thereof or of objects therefrom; or
      (2)    Any tree, stack or other object remains standing upon such lot or land in such condition that it shall or will, if such condition continues, endanger the life, limb or property or cause damage or injury to persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof; or
(3)    An excavation or cellar on any land is left unguarded or remains in such a condition that it shall or will, if such condition continues, endanger the life, limb or property or cause damage or injury to persons or property by falling; or
(4)    The accumulation on any land or in any building, house or structure of earth, rubbish or other materials shall, if such condition continues, attract and propagate vermin or insects endangering the public health; or
(5)    Any such building, house or structure becomes so out of repair and dilapidated that it constitutes a fire hazard likely to catch on fire or communicate fire because of its condition and lack of repair; or
(6)    The accumulation on any land or in any building, house or structure of rubbish or other materials in an amount and in a condition that such constitutes a fire hazard by reason of the likelihood of its catching on fire or communicating a fire; or
(7)    The conduct of any business thereon or therein which by reason of noxious odors generated thereby, or of smoke, dust and dirt being cast therefrom, endangers or is harmful to the public health, welfare or safety, or materially interferes with the peaceful and lawful use, comfort and enjoyment of owners or occupants of a proximate or adjacent lot or structure thereon; or
(8)    Any building, house or structure becomes so out of repair and dilapidated that, due to neglect or lack of adequate maintenance, it endangers the public health, welfare or safety, or materially interferes with the peaceful enjoyment of owners or occupants of adjacent property; or
(9)    Any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others; or
(10)    Any placing, throwing or sweeping into any street, avenue, alley, park or public ground, of any dirt, paper, nails, pieces of glass or board, fruit parings, or skins, garbage, waste, leaves or clippings, ashes, cans, bottles, cartons, boxes, furniture, oil, parts of automobiles or any other matter of an unsightly or unsanitary nature, or the placing, throwing or sweeping of such matter upon any sidewalk, street crossing or driveway, or upon the floor, stairway or hallway of any public building, theater, railway depot, railway platform or property of another; or
(11)    Any accumulation of any paper, fruit parings or skins, garbage, waste, ashes, cartons, boxes or any other matter of an unsightly or unsanitary nature in such manner that such matter could be blown onto any street, avenue, alley, park, public ground, sidewalk or property of another.
         (Ord. 1968-28. Passed 11-26-68.)
   561.02 INSPECTIONS.
   (a)    Whenever the City Manager has notice of the existence of a public nuisance as defined in Section 561.01, he shall promptly inspect or cause to be inspected the premises on which it is alleged such public nuisance exists. Should the Manager after the inspection find that a public nuisance does exist, he shall promptly notify the Fire Chief, the Sandusky County Board of Health and the person, firm or corporation who from the property records of Sandusky County, Ohio, appear to be the owners of such premises. The Manager shall request the County Board of Health to make inspections of such premises. The Manager shall also leave a copy of such notice with the person in possession or charge of the premises, if any, or if there be no such person, he shall post a copy of the notice on the premises. Such notice shall refer to the provisions of this chapter and shall state that unless such nuisance is abated proceedings will be taken in accordance herewith.
   (b)    Upon receipt of such notice the Fire Chief shall inspect the premises and make a written report of his findings, which together with the report of the Manager shall be filed with the Service Director.
   (c)    Should the Manager, the Fire Chief, the Service Director and the Board of Health find that a public nuisance exists and that the nature thereof is such as to require its summary abatement and, if the condition is within the prohibitions provided in Section 561.01(a)(4), (7) and (8), the Service Director shall cause photographs to be made of such nuisance and shall within forty-eight hours thereafter take such actions as is necessary to abate such nuisance at the expense of the owner or owners of the premises. In abating such nuisance the Service Director shall not be required to give any further notice to the owner or owners of the premises upon which the nuisance exists.
(Ord. 1968-28. Passed 11-26-68.)
   (d)    Any notice required by this section may be served on the owner or owners personally or by ordinary mail to the address shown on the most current property records of Sandusky County, Ohio.
(Ord. 1992-83. Passed 7-21-92.)
   561.03 ABATEMENT OF NUISANCE; NOTICE.
   (a)    In the event that the City Manager, the Fire Chief and the Service Director find that a public nuisance as defined in Section 561.01 exists, and, if the condition is within the prohibitions of Section 561.01(a)(4), (7) and (8), and the County Board of Health concurs in such finding, the Service Director shall cause photographs of such nuisance to be made and filed with the reports of the aforesaid offices and shall cause to be served on the person, firm or corporation who from the property records of Sandusky County, Ohio, appears to be the owner of the property involved, notice to abate such nuisance within thirty days thereafter unless the nature of the nuisance is such as to require summary abatement or a shorter period of time is reasonable under the circumstances. If a period less than thirty days is allowed to abate such nuisance the time to be specified shall be determined by the Manager, the Fire Chief and Service Director and, if the condition is within the prohibitions of Section 561.01(a)(4), (7) and (8), the Board of Health.
   (b)    A copy of such notice shall be left with the person in charge or possession of the premises, or if there be no such person, the notice shall be posted on the premises.
(Ord. 1968-28. Passed 11-26-68.)
   (c)    Any notice required by this section or Section 561.04 may be served on the owner or owners personally or by certified mail to such person's last known address. In the event that such owner or owners whereabouts is unknown and cannot with reasonable diligence be ascertained then such notice may be given as provided by law for notice by publication in civil actions.
(Ord. 1992-83. Passed 7-21-92.)
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