1315.05 ABATEMENT PLANS; TIME LIMITATION; COMPLIANCE AGREEMENT.

   Within fifteen days of notice, the owner or owners may request to undertake the repairs or replacement of items found to constitute a public nuisance within the City. Adequate plans, specifications and required permits, as required by the Code Official, covering such repairs or replacements must be submitted in writing to the Code Official within fifteen days of abatement notice. The Code Official may deem necessary to extend the time allowed to complete plans and specifications, not to exceed thirty days.

   The Code Official shall, upon approval of such plans and specification, shall cause to enter into a compliance agreement with owner or owners. The compliance agreement will include required building and/or zoning permits that shall be obtained, list of all repairs or replacements to be completed as to the specifications required by the Code Official and dates for all repairs or replacements to be completed, not to exceed ninety days.

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

1315.06 APPEAL.

   The owner or owners may, within fifteen days after the date of notice, submit an application for a hearing on the question of whether in fact a public nuisance, as defined in Section 1315.01(a), exists. The hearing shall be held within twenty days following the receipt of such application and at least five days notice in writing of the hearing shall be given to the owner or owners. Such hearing shall be conducted by the Property Maintenance Appeals Board. All the members of such board must concur that a public nuisance exists before enforcement of the abatement is carried out. A copy of the decision of Property Maintenance Appeals Board shall be promptly served upon the owner or owners in the manner provided in Section 1315.04.
(Ord. 19-11. Passed 4-4-11.)

1315.07 ABATEMENT BY CITY; DEMOLITION OF STRUCTURE.

   (a)   Should such nuisance not be abated at the expiration time provided in the nuisance abatement notice or expiration time of the compliance agreement or such additional time as the Property Maintenance Appeals Board may grant, the Code Official shall be authorized at any time thereafter to enter upon such premises to abate the nuisance by demolition and removal of the structure or by taking any other such action as may be required.

   (b)   In abating such nuisance the City Manager may call upon any department of the City for whatever assistance may be necessary, or may, by private contract, complete the abatement thereof. In abating such nuisances the Code Official may go to whatever extent necessary to complete the abatement of the same and the cost of the abatement action shall be recovered from the owner in the following procedures:

      (1)   The owner or owners shall be billed directly for the cost of the abatement. The bill for the cost of the abatement, together with an administrative fee of two hundred dollars ($200.00), shall be paid within sixty days after receipt of the bill.

      (2)   If costs are not so recovered then the City shall cause the cost of the abatement to be levied as an assessment. The Financial Director shall make a written return or statement of the labor charges for abating the public nuisance, the fees of the officers serving such notices, the administrative fee charge and proper description of the premises. The total amount shall be entered upon the tax duplicate and shall be a lien upon such lot or land from and after the date of entry and shall be collected as other taxes and returned to the City.

         (Ord. 19-11. Passed 4-4-11.)

1315.08 PENALTY.

   Any person found in violation of this code shall be deemed guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00), in addition to the abatement procedures stated in Section 1315.08.

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

1315.09 CHAPTER NOT EXCLUSIVE.

   This chapter shall not be deemed to be a limitation or restriction on the authority of any department, division, official or employee of the City, but shall be deemed as an enlargement of any authority existing by virtue of the statutes of the State of Ohio or any ordinance heretofore enacted by Council.
(Ord. 19-11. Passed 4-4-11.)