991.01 Nuisance prohibited; defined.
991.02 Complaints; inspection of premises.
991.03 Summary abatement.
991.04 Non-summary abatement.
991.05 Appeal procedure.
991.06 Hearing procedure.
991.07 Abatement by Village; costs and assessment.
991.08 Emergency abatement.
991.09 Authority of Village.
991.10 Unlawful interference prohibited.
991.11 Demolition and lien agreement; costs.
991.12 Fire damages structure.
991.13 Administrative liability.
991.14 Separability.
991.99 Penalty.
No person or entity shall cause or permit a public nuisance to be or remain in or upon any building, premises or other place, of which that person or entity is the owner, lessee, tenant or occupant.
As used in this Chapter, "public nuisance" means a condition that exists when:
(a) Any building or structure is so out of repair and dilapidated that, if it were permitted to remain, would endanger the life, limb, or property of persons or property upon the public streets or public ways adjacent thereto by reason of the collapse of such building or structure or by the falling of objects therefrom; or
(b) Any tree, stack or other object standing upon property is in such condition that, if it were permitted to remain, would endanger the life, limb or property of persons or property upon the public streets or public ways adjacent thereto by the falling of objects therefrom; or
(c) Any excavation or cellar upon property is unguarded or remains in such condition that, if it were permitted to remain, would endanger the life, limb or property of persons or property upon the public streets or public ways adjacent thereto, by falling or being cast therein; or
(d) Any accumulation of earth, rubbish or other materials which attract and propagate vermin, rodents, or insects that endanger the public health; or
(e) Any building or structure is so out of repair that it constitutes a fire hazard because of its condition. For purposes of this subsection, a building that is vacant, unguarded or open at doors or windows, shall be deemed a fire hazard; or
(f) There is accumulation in any structure or on any property of rubbish or other materials in an amount and in a condition that constitutes a fire hazard by reason of the likelihood of its catching on or communicating fire; or
(g) The conduct of any activity on any property which by reason of noxious odors generated thereby, or of smoke, dust and dirt being cast therefrom, 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 property; or
(h) Any building, house or structure becomes so out of repair and dilapidated that, due to lack of adequate maintenance or neglect, it becomes unsafe for occupancy, endangers the public health, welfare, or safety of occupants, or causes such a condition of blight that it materially interferes with the peaceful enjoyment and lawful use of owners or occupants of a proximate property; or
(i) The conduct of any activity on any property generates loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others; or
(j) There is an accumulation of any dirt, filth, rubbish, garbage, waste, leaves or clippings, boxes, or any other matter of an unsightly or unsanitary nature, in such a manner that such matter could become dangerous to the public health, comfort and safety of others, that such matter could be blown into any street, alley, park, public ground, sidewalk, or property of another, or such matter could be deposited into any plumbing fixture that it may obstruct or render unwholesome any sanitary sewer or watercourse; or
(k) Any swimming pool, pond or similar structure remains unfenced by a fence not less than forty-eight inches in height, the openings to such enclosed areas to be supplied with gates suitable to locking, when failure to fence endangers the public health, welfare or safety of the citizens of the Village of Delta; or
(l) Any condition exists which has been declared a public nuisance by common law or the Ohio Revised Code; or
(m) Any building, fence, wall, shed, house, swimming pool, structure of any part of any of the aforesaid; or any tree, pole or smoke stack; or any excavation, basement, cellar, sidewalk subspace, wharf or dock, which in its entirety or in any part thereof, by reason of the condition in which the same is permitted to be or remain, shall or may endanger the health, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, depreciation, damage, or injury to any one or more persons or to any other property in the Village; or
(n) Any dangerous building or structure which, because of their condition, are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the Village. (Ord. 18-17. Passed 8-6-18.)
(a) Whenever a complaint is made or visual inspection discloses to the Zoning Inspector of the existence of a public nuisance as defined in Section 991.01, the Zoning Inspector shall promptly inspect or cause to be inspected the premises on which it is alleged such public nuisance exists. Should the Zoning Inspector find that a public nuisance does exist, the Fire Chief and the Fulton County Commissioner of Health shall be promptly notified and such officials shall be requested to make inspection of said premises.
(b) Upon receipt of the notice required by subsection (a) hereof, the Fire Chief and the Fulton County Health Commissioner shall inspect the premises and make a written report of their findings, which together with the report of the Zoning Inspector shall be filed with the Village Administrator.
(c) Should the Fire Chief or the Fulton County Health Commissioner concur in the finding of the Zoning Inspector that a public nuisance exists and that it should be abated, abatement of such nuisance shall proceed in accordance with the provisions of Section 991.03 or 991.04 below. (Ord. 18-17. Passed 8-6-18.)
(a) Should the Zoning Inspector, and either the Fire Chief or the Fulton County Commissioner of Health, find that a public nuisance exists and that the nature thereof is such as to require its summary abatement, the Village Administrator or a designee shall cause photographs to be made of such nuisance and shall file and keep in his or her office such photographs along with the reports of the Zoning Inspector, Fire Chief, and Commissioner of Health pertaining to the public nuisances. The Village Administrator or a designee shall then determine from the records of the Fulton County Auditor's Office any owner, mortgagee, lienholder, tenant, or person that possesses an interest of record in the property and immediately cause a written notice to be served on the owner or owners of the property.
(b) Notice of the existence of a nuisance shall be served personally or by certified mail on each owner with a return receipt requested. If service of such notice is unable to be perfected on any owner by the aforesaid methods, then the Village Administrator or a designee shall cause a copy of the aforesaid notice to be left with the individual, if any, in possession of the premises on which the public nuisance exists, or if there is no individual in possession of the premises, a copy of the notice shall be posted on the premises. If the abatement required to correct the nuisance involves demolition of any structure, then a copy of such notice, in addition to the notice posted on the premises, shall also be served personally or by U.S. Mail, with delivery confirmation, to any mortgagee, lienholder, tenant, or person that possesses an interest of record in the property.
(c) The notice required by subsection (a) and (b) hereof shall state, in brief, the findings with respect to the existence of a public nuisance by the Zoning Inspector, the Fire Chief, and the Commissioner of Health. The notice shall further state that unless the nuisance is abated within 72 hours after service is made, the Village, at the expense of the owner, shall thereafter and without further notice take such action as is necessary, including demolition, to abate the nuisance at the expense of the owner of the premises. The notice shall also inform the owner that they can request a hearing by making an in-person request within 72 hours as prescribed by Section 991.05 herein.
(Ord. 18-17. Passed 8-6-18.)
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