(A) Building or structures constituting public nuisances. Buildings or structures constituting public nuisances as used in this section shall apply to buildings or other structures which are unsafe, insecure, structurally defective, unstable or unsanitary. They include those buildings or structures which inadequately provide exit facilities, those building or structures unsuitable or improper for the use or occupancy to which they are put, those buildings or structures which constitute a hazard to health or safety because of inadequate maintenance, dilapidation or damage by fire or other cause, those buildings or structures which are obsolescent, abandoned or contain inadequate or unsafe equipment or are otherwise dangerous to life or property, those buildings or structures which for any of the foregoing reasons or by reason of continued vacancy thereby resulting in lack of reasonable or adequate maintenance of structure or grounds are causing deterioration and a blighting influence on nearby properties and thereby depreciating the enjoyment and use of property in the immediate vicinity to such an extent that it is harmful to the community in which such structure is situated.
(B) Inspection; written report. Upon receipt of information, that a building or other structure constitutes a public nuisance as such is defined under any part of division (A) of this section, the Police Chief, Village Administrator, Zoning Inspector or Village Engineer shall cause to be made an inspection thereof and for that purpose each of the above named persons or their duly appointed deputies shall have the powers hereinafter conferred. If after inspection it is found that said building constitutes a public nuisance as in any part of division (A) of this section, the inspector shall cause a written notice thereof to be as hereinafter provided. A copy of said written report shall be filed with the Clerk of the Village Council and it shall become a matter of public record and reported by the Clerk to the Village Council at the next general meeting thereof. If the inspector determines the building or structure needs to be removed, in addition to the filing of the report with the Clerk and causing written notice as hereinafter provided, the inspector shall send a written copy of his or her report and written recommendation for removal to the other officers designated as inspectors above including the Police Chief, Fire Chief, Zoning Inspector, Village Administrator and Village Engineer. Each of the remaining inspectors shall make immediate inspection of the building or structure and if each concur the report provided to the Clerk of Council shall declare the building or structure a public nuisance which should be removed, then the Clerk shall give notice as provided for in division (C) of this section.
(C) Notice ordering abatement; content of notice.
(1) The Village Clerk shall cause notice of the nuisance to be served upon the owner or owners of the property. As used in this section, OWNERor OWNERS shall be the record owner of the premises upon which the building or structures is located. They shall include either an owner in fee or a lessor estate. A mortgage or vendee in possession, assignee of rents, receiver, executor, administrator, trustee, lessee or other person in control of the building or their duly authorized agent may also be deemed the OWNER or OWNERS as referenced herein. Any such person as identified above shall be bound to comply with the provisions of this section. The notice shall contain the addresses and descriptions of the buildings and structures, a description as to the character of the building that deems it to be a public nuisance, an order requiring the character upon which the public nuisance is based be corrected pursuant to specification provided within the notice, the date upon which the corrections are to be made and the notification procedure the owner or owners are to follow upon completion of the corrections. Should the notice require removal of the building or structure, the notice shall allow a reasonable time for that removal to be done and shall inform the owner or owners that should they fail to remove it the village shall have the building or structure removed and have the cost of said removal assessed against the property owner or as herein provided. Each owner shall be informed of his or her right to appeal the order to the Village Board of Zoning and Building Appeals.
(2) At least 30 days prior to the removal or repair of any unsafe building or structure determined to be a public nuisance by this section, the village shall give notice by certified mail of its intention with respect to such removal, or repair to the owner or owners and/or the holders of the legal or equitable liens upon the real property on which the building or structure is located. The owners of such property or the holders of liens of record upon such property may enter into an agreement with the village to perform the removal or repair of the unsafe building or structure. If an emergency exists as determined by the Village Engineer, notice may be given other than by certified mail and less than 30 days prior to such removal or repair of the unsafe building or structure. Should notice not be given, the lien provided for by R.C. § 715.261 as a result of the repair or removal shall be subordinate to any liens of prior record.
(D) Ordering building vacated; posting of notice; unlawful entry.
(1) When the Police Chief and Village Administrator with the advice and consent of the Zoning and Building Inspector, Fire Chief and Village Engineer are of the opinion that a building or structure is in such an unsafe or unsanitary condition so that life is endangered thereby they may order and require that the occupants thereof vacate said building or structure immediately upon notice. They shall cause to be published at such entrances to said building or structure the following notice:
"This building is unfit for occupancy and its use has been prohibited forthwith."
(2) Such notice shall remain posted until the required repairs are made or until the building or structure is razed. It shall be unlawful for any person other than an employee or designee of the village, properly authorized to do so to remove or cause to be removed said notice without written permission of the Village Administrator or the Police Chief. Violation of this portion of the section shall be punishable by a fine of up to $100. Each removal of such notice shall be considered a separate violation of this section. It shall be unlawful for any person other than those authorized by law or by the Village Administrator or Police Chief to do so to enter a building or structure which has been posted with the above described notice. A violation of this division of the section is punishable by a fine of up to $100. Each lawful entry by a person as described above shall be considered a separate violation.
(E) Removal of building at expense of owner; right of entry; recovery of abatement costs.
(1) In case of an order for removal of a building or structure which is not complied with within the specified, the Police Chief and/or Village Administrator may cause said building or structure to be removed at the expense of said owner or owners. The Police Chief and/or Village Administrator or their duly authorized agent shall be authorized at any time thereafter to enter upon said premises and the owner shall permit him or her entry to abate the nuisance by demolition and removal of the structure or by taking any such other action as may be required.
(2) In abating such nuisance, he or she may go to whatever extent necessary to complete the abatement of the same and the cost of the abatement action shall be recovered from the owner in the following manner:
(a) The owner or owners shall be billed directly by certified mail for the cost of the abatement. The bill for the costs of the abatement shall be paid within 60 days after receipt of the bill.
(b) If costs are not so recovered then the village shall cause the cost of the abatement to be levied as an assessment and recovered in accordance with R.C. § 715.261.
(F) Section enlargement of authority. This section shall not be deemed to be a limitation or restriction on the authority of any department, division, official or employee of the village, but shall be deemed to be an enlargement of any authority existing by virtue of the statutes of the state, or any ordinance heretofore enacted by Council.
(G) Failure to comply with orders. In addition to all other remedies, conditions or penalties that may be available to the village, any person failing to abide an order of the village to repair or remove an unsafe building found to be a public nuisance may be issued a citation by the village and fined up to $100. Each failure to abide by an order issued under this section shall be deemed a separate violation.
(Ord. 1581, passed 8-9-1999)