(a) Should the public nuisance not be abated as provided in the notice given pursuant Section 1317.03 or 1317.04, the City Administrator or designee shall have the right to enter upon the premises to abate such public nuisance. In abating any public nuisance, the City Administrator or designee may take such action as is necessary to complete the abatement of the same and should it be practicable to sell or salvage any material resulting from such abatement, the City Administrator may cause the same to be sold at public or private sale at the best price obtainable and keep an account of the proceeds thereof. Such proceeds shall be deposited in the General Fund of the City and any difference in the amount so received and the cost of the abatement shall be reported to Council, which shall levy an assessment against the premises upon which such nuisance was abated and cause such assessment to be certified and collected as other assessments by the City.
(b) Should the proceeds of the sale of any material salvaged in the course of such abatement exceed the cost thereof, the amount of such excess shall be paid to the owner of the premises upon filing a claim thereof and proof of title and right to such surplus.
(c) The City Administrator or designee may utilize any labor or equipment of the City in making such abatement or the City Administrator may contract privately for the abatement of the nuisance provided that Council authorizes the expenditures of such funds.
(d) Any and all expenses or costs incurred under this Chapter for the abatement, including removal, repair, alteration, securing, boarding, or demolition of a building or structure shall be paid by the owner of the land and/or responsible person as provided in Ohio Revised Code 715.261. If the owner and/or other responsible person fails to pay for the costs within thirty days after receipt of notice from the City Administrator of a statement of the charges and costs incurred, the City Administrator may certify such amount to the Finance Director. The Finance Director shall promptly make a written return to the Defiance County Auditor of the action under this section with a statement of the total costs and expenses, the amount credited for salvage, if any, and a proper legal description of the premises. Certification to the County Auditor is for the purpose of making such costs and expenses a lien upon the property, to be collected as other taxes and returned to the City with accounting thereof in accordance with Ohio Revised Code 715.261.
(e) As an alternative method to that in Section 1317.07(d), any expenses incurred by the City for nuisance abatement under this Chapter may be deemed a utility service charge and added to the following month’s bill for water, sewer and refuse collection services furnished the premises. Thereafter, nonpayment of the balance shall be grounds for termination of water and refuse collection services in accordance with procedures generally established for non-payment of utility service charges. (Ord. 7935. Passed 8-8-17.)