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(a) Should the nuisance, as defined in Section 561.01, not be abated at the expiration of the time stated in the notice or any extensions granted by the review board director or such additional time as the Nuisance Appeals Board may grant, the Review Board Director shall be authorized at any time thereafter to grant entry to the premises and the owner shall permit him/her entry to abate the nuisance by taking such other action as is deemed appropriate to abate the nuisance or lessen the severity of the public nuisance. In abating such nuisance, the Review Board Director may call on any department, division, or bureau of the City for whatever assistance may be necessary to abate such public nuisance as aforesaid. In the event that a fire occurs on the premises of a nuisance structure between the time it is declared a public nuisance and the time such nuisance is fully abated, the reasonable expenses incurred by the City as a result of the services provided by the Department of Fire shall be included in the cost of abating or lessening the severity of the nuisance. The cost of abating or lessening the severity of such nuisance shall be recovered in the manner provided in subsection (b) of this section.
(b) The cost of abating or lessening the severity of such public nuisance, or of such other action taken by the city pursuant to this chapter, shall be recovered in the following manner:
(1) The owner or owners shall be billed directly by certified mail for the cost of abating or lessening the severity of such public nuisance. The bill for the cost thereof shall be paid within 60 days after receipt of the bill.
(2) If the costs are not so recovered, the city may collect the costs by any of the following methods:
A. The City may cause the costs of abating or lessening the severity of such public nuisance to be levied as an assessment and recovered in accordance with Ohio R.C. 715.261.
B. The City may commence a civil action to recover the costs from the owner, as provided in Ohio R.C. 715.261.
(Ord. 35-15. Passed 11-5-15.)
Sections 561.01 through 561.06 shall not be deemed to be a limitation or restriction of any department, division, official, or employee of the City, but shall be deemed as an enlargement of any authority existing by virtues of the statutes of the State of Ohio or any ordinance heretofore enacted by Council. (Ord. 35-15. Passed 11-5-15.)
(a) No owner or other person shall occupy or permit to be occupied by another for occupancy any structure that has been declared by the review board director to be a public nuisance without first applying for and obtaining the written consent of the review board director. Consent shall be given when all violations of all applicable housing, building and other health and safety codes of the City of Fairborn and the State of Ohio have been corrected, when any injunctions obtained against use or occupancy have been dissolved, and when all parties have complied with all applicable requirements of Section 561.04.
(b) In the event of a violation of subsection (a) by the owner, the cost of the relocation of tenants by the City shall be included as a cost of abating or lessening the severity of the nuisance, and shall be recovered in the manner provided in Section 561.06.
(Ord. 35-15. Passed 11-5-15.)
(a) No owner or other person shall enter or be present in or on any building or premises that has been posted with a notice identifying the said building or premises to be a public nuisance, without first obtaining authorization in writing from the review board director and having such written authorization on his/her person at the time.
(b) It shall be an affirmative defense to a violation of this section that the person was the owner, or was authorized by the owner to be present on the said premises, and that one of the persons present had the required written authorization on his/her person at the time.
(c) The officers, agents and employees of the City, State or Federal government, or any political subdivision, or of any public utility, shall be exempt from the requirements of this section while in the course of their official duties.
(e) The issuance of an authorization provided herein shall not be construed to create a privilege, as that term is used in Ohio R.C. 2911.21 or 541.05, nor shall this section be deemed to have any affect whatsoever on the interpretations or application of those sections.
(Ord. 35-15. Passed 11-5-15.)
It shall be unlawful for the owner of any premises, who has received a written notice declaring such premises to be a public nuisance, to sell, transfer, lease, or otherwise dispose of such premises to another until any injunctions obtained against use or occupancy have been dissolved, or until the owner has first furnished the grantee, transferee, or lessee a true copy of the said notice, and has furnished to the Review Board Director a signed and notarized statement from the grantee, transferee, or lessee, acknowledging the receipt of such notice and accepting the responsibility for abating the nuisance in conformity with the terms of such notice, or extension thereof granted by the Review Board Director.
(Ord. 35-15. Passed 11-5-15.)
(a) No person shall fail or refuse to abate a public nuisance within the time prescribed in the notice served pursuant to Section 561.02 and any extension thereof granted in writing by the Review Board Director.
(b) No person shall fail or refuse to comply with an order to abate a public nuisance, as provided in Section 561.02.
(Ord. 35-15. Passed 11-5-15.)
(Ord. 35-15. Passed 11-5-15.)
In any case in which it necessary to prove that a property is a public nuisance as defined in Section 561.01, evidence as to the reputation of such place shall be admissible on the question of whether the property is or is not a public nuisance, and every owner and every person responsible for the premises shall be presumed to have knowledge of the reputation of the place.
(Ord. 35-15. Passed 11-5-15.)
Prosecution for the violation of any provisions of this chapter shall be initiated only by the filing of a complaint by an officer, agent, or employee of the City of Fairborn, Ohio. The mere filing of a complaint shall, however, create a rebuttable presumption that it was filed by an officer, agent, or employee of the City. (Ord. 35-15. Passed 11-5-15.)
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