CHAPTER 1315
Nuisance Abatement; Demolition of Structures

1315.01    Definitions.

1315.02    Inspection of public nuisance.

1315.03    Notice of abatement.

1315.04    Service of abatement notice.

1315.05   Abatement plans; time limitation; compliance agreement.

1315.06   Appeal.

1315.07   Abatement by City; demolition of structure.

1315.08   Penalty.

1315.09   Chapter not exclusive.

CROSS REFERENCES

Power to regulate building sanitation - see Ohio R.C. 715.26

Power to abate nuisances - see Ohio R.C. 715.44

Nuisances - see Ohio R.C. Ch. 3767

Demolition fee - see BLDG. 1311.04

1315.01 DEFINITIONS.

   For the purposes of this chapter the following definitions shall apply:

   (a)    "Public Nuisance" any fence, wall, garage, shed, house, building, structure, pole, smokestack or any excavation, basement, cellar, well, cistern or sidewalk subspace or part thereof shall be deemed a public nuisance if it by reason of the condition in which the same is permitted to be or remain, endangers the health, life, limb or property, or causes any hurt, harm, inconvenience, damage or injury to any one or more persons in the City in any one or more of the following particulars:

      (1)    By reason of being detrimental to the general health of the community;

      (2)    By reason of being a fire hazard;

      (3)    By reason of being unsafe for occupancy, or use on, in, upon, about or around the above premises;

      (4)    By reason of continued vacancy thereby resulting in lack of reasonable or adequate maintenance of structures and grounds and causing deterioration and blighting influence on nearby properties and thereby depreciating the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such structure is situated.

      (5)    By reason of being abandoned and having one or more conditions which violates a provision of any of the Building and Housing codes of Part Thirteen of the Fairborn Codified Ordinances.

   (b)    "Owner" any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(Ord. 19-11. Passed 4-4-11.)

1315.02 INSPECTION OF PUBLIC NUISANCE.

   Whenever the Code Official suspects the existence of a public nuisance, as defined in Section 1315.01(a) in the City, he shall promptly cause the premises on which he suspects such public nuisance exists to be inspected. The Fire Chief or designee upon request of the Code Official may inspect or cause the inspection of premises on which a public nuisance is believed to exist. Written reports of such inspection and of his findings with respect to the existence of the public nuisance, as defined in Section 1315.01(a), shall be filed with the Code Official.

(Ord. 19-11. Passed 4-4-11.)

1315.03 NOTICE OF ABATEMENT.

   Upon inspection, should the Code Official and/or Fire Chief or designee determine that a public nuisance exists, it shall be the duty of the Code Official to cause photographs of such nuisances to be made and to file and keep in his office the written reports of the findings of the aforesaid officials. The Code Official shall cause a written notice to be served to such owner stating the findings with respect to the existence of a public nuisance and stating that unless the owner or owners thereof shall cause the abatement of the public nuisance by removal of the building or structure the same will be abated by the City at the expense of such owner or owners. Such abatement shall start within fifteen days of notice and shall be complete within forty-five days or such additional time as the Code Official may deem necessary to complete the removal.
(Ord. 19-11. Passed 4-4-11.)

1315.04 SERVICE OF ABATEMENT NOTICE.

   A nuisance abatement notice shall be served personally or by leaving a copy at the usual place of residence of the owner, as defined in Section 1315.01(b) or by United States certified mail with return receipt requested. If such usual place of residence of the owner is not within the City, such copy may be mailed by United States certified mail with return receipt requested. If service of such written notice is not perfected by any of the hereinbefore described methods, then the Code Official shall cause such notice to be published in a newspaper of general circulation in the City, once each week for two consecutive weeks and shall further cause a copy of the aforesaid notice to be left with the person, if any. In possession of such premises on which it is alleged such public nuisance exists or, If there is no person in possession thereof, shall cause a copy of the notice to be posted on the premises.

(Ord. 19-11. Passed 4-4-11.)