529.01 Definition.
529.02 Authority of city officials.
529.03 Abatement of certain nuisances without declaration of City Council; notice to owner of real estate.
529.04 Abatement of other nuisances.
529.05 Service of notice; emergency abatement without notice.
529.06 Relationship to other laws.
529.07 Criminal activity as a nuisance; cost of abatement.
529.99 Penalty.
(a) In reference to buildings, structures or real estate located within the City, a “Nuisance” means any deterioration of structural materials or lack of repair or maintenance that is a hazard to health, safety, or welfare of its occupants or the public or, if not abated, will become a blighting or deteriorating factor in the neighborhood which impairs or adversely affects the value of the neighboring property.
(b) Any activity or item defined elsewhere in the Codified Ordinances of the City of Euclid as a public nuisance is also a public nuisance subject to the dictates of this chapter.
(Ord. 86-2006. Passed 5-15-06.)
Whenever there shall be done or exist within the City any act, thing, or condition of a kind which has been or may hereinafter be defined by ordinance as a public nuisance, the Housing Manager or the certified Building Official is authorized and directed promptly to cause its abatement as hereinafter provided.
(Ord. 86-2006. Passed 5-15-06.)
The Housing Manager or certified Building Official, upon finding that a nuisance exists in matters involving sidewalks, weeds, tall grass, landscaping, unsecured vacant property, or abandoned unusable property or other debris, may cause written notice or order to be served on the owner of the real estate. The notice or order shall set forth the nature of the nuisance, the estimate of the cost of abating the nuisance if done by the City, a reasonable time determined by the Housing Manager or certified Building Official within which the owner shall abate the nuisance or pay the estimated cost to the City, and the statement that unless the nuisance is abated within the stated time it may be abated by the City and the cost of abatement assessed on the real estate involved, and the City may prosecute the owner or occupant for failure to comply with the order. Such notice or order of abatement may be issued by the Housing Manager or certified Building Official or both without reporting the notice or order to Council. In case the City abates the nuisance and the cost is not paid within 30 days, the Housing Manager or certified Building Official shall report the fact to Council, which may assess the same on the real estate from which the nuisance originated.
(Ord. 86-2006. Passed 5-15-06; Ord. 179-2006. Passed 10-16-06.)
(a) If, upon investigation by the Housing Manager, the existence of any nuisance under Section 529.07 or nuisances other than those enumerated in Section 529.03, is found, the Housing Manager thereupon may declare such condition, building or structure a nuisance. The Housing Manager, in addition to any other action authorized by Section 529.03 of this Code, may revoke the Rental License or Certificate of Occupancy should no Rental License be issued.
(1) Upon abatement of the nuisance activity, the Housing Manager shall cause to be issued a new Rental License and Certificate of Occupancy, if required.
(2) Any owner of the rental property subject to a revocation under this section, may appeal such determination to the Planning and Zoning Commission as provided by the rules for such appeals.
(b) Upon such finding and declaring, the City Housing Manager or certified Building Official may proceed in the manner provided for in Section 529.03 for the abatement of nuisances.
(Ord. 86-2006. Passed 5-15-06; Ord. 33-2014. Passed 4-7-14.)
(a) The notice may be served by delivering it personally to the owner or occupant or leaving it at the owner's or occupant's usual place of business or residence, or by posting it in a conspicuous place on the real estate, building or structure involved, or by mailing it to the owner or occupant, or by publishing it once in a newspaper of general circulation within the City if it cannot be served in any of the ways above mentioned.
(b) Notwithstanding the requirement of notice provided herein, when in the opinion of the Housing Manager or certified Building Official, the condition of a structure or premises, or part thereof, constitutes an immediate hazard to human life or health, including but not limited to, the placement, either temporarily or otherwise, of rubbish, garbage, litter or other personal property on the premises in violation of Section 1755.11 of this Code, or any other section of this Code, then no such notice of violation need be given to the owner of such building. Upon such finding and declaring of an emergency nuisance condition, the Housing Manager or certified Building Official may proceed in the manner provided for in Section 529.03 for the abatement of nuisances.
(Ord. 86-2006. Passed 5-15-06; Ord. 179-2006. Passed 10-16-06.)
The authority to abate nuisances granted hereby and the procedure set forth herein shall be in addition to and shall not limit the authority to abate nuisances granted in the Health Code or other ordinances of the City or the laws or the Constitution of Ohio.
(Ord. 86-2006. Passed 5-15-06.)
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