(a) Definitions.
(1) “Occupant” means any person who has charge, care, or control of a building, structure, dwelling, or premises (or a part thereof), whether with or without the knowledge and consent of the owner.
(2) “Owner” mean the owner or owners of the premises including the holder of title thereto subject to contract of purchase, a vendee in possession, a mortgagee or receiver in possession, lessee or joint lessees of the whole thereof, or an agent or any other person, firm, corporation, or fiduciary, directly in control of the premises.
(b) No building shall be abandoned by its owner or occupant which by such abandonment causes downgrading of the immediate neighborhood with the accompanying diminution of property values. For purposes of this section abandoned includes any of the following:
(1) Any premises from which plumbing/heating or facilities required by the Ottawa County Building Code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or from which the required precautions against trespassers have not been provided.
(2) Any premises designated by the Ottawa County Health Department as abandoned.
(3) Any premises defined in common law as abandoned or by the Statutes of the State of Ohio or the Ordinances of the Village of Elmore.
(c) This section is remedial and essential for the public interest.
(Ord. 20-03. Passed 9-8-03.)
(d) Five business days after the Zoning Inspector has left a Notice of Abandonment per the procedures in the last two sentences of Section 1331.02 the Zoning Inspector may file a complaint in the Municipal Court for each day of abandonment, however, this time may be extended by periods of thirty days by majority vote of the Village Council if the owner/occupant proves beyond reasonable doubt that a good faith attempt is being made to alleviate all conditions of abandonment including, but not limited to, a written contract with a construction contractor or contractors, electricians, or the like.
(Ord. 3403. Passed 12-8-03.)
(e) In addition to any other penalties specified in this chapter including those in Section 1331.99 the fine for each offense shall be a minimum of fifty dollars ($50.00) and a maximum of one hundred dollars ($100.00). A separate offense shall be deemed committed for each day that such abandonment exists. No prosecution under this section shall be maintained unless the Zoning Inspector, Village Inspector and chairperson of the Planning and Environment Committee unanimously find that the conditions of abandonment exist. (Ord. 20-03. Passed 9-8-03.)