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(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.)
(a) Any person who violates Sections 561.04, 561.08, 561.09, 561.10, or 561.11, or fails to comply with any of the requirements contained therein, is guilty of a misdemeanor of the third degree, punishable as provided by Section 501.99. No culpable mental state is required to commit an offense; it being the express intent of this section to impose strict criminal liability for each offense. Each day a violation continues is a separate offense.
(Ord. 35-15. Passed 11-5-15.)
CODIFIED ORDINANCES OF FAIRBORN