1339.104 EFFECT OF PUBLIC NUISANCE DETERMINATION.
   (a)    No Transfer. 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 Chief Code Official a signed and notarized statement from the grantee, transferee, or lessee, acknowledging the receipt of such notice and accepting the responsibility for abating the conditions constituting a public nuisance in conformity with the terms of such notice, or extension thereof.
   (b)    No Construction. No permit or other authorization for the construction or operation of any new structure shall be granted until the prospective owner of such nuisance structure has abated any other structure that has been determined to be a public nuisance which the prospective owner may own in the City.
   (c)    No Entry or Occupation. 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 Chief Code Official and having such written authorization on his/her person at the time.
   No Authorization. Written authorization, as provided in this Chapter, shall not be issued in connection with any premises declared a public nuisance as provided in Chapter 561.02(b), unless all parties have complied with all applicable requirements of Chapter 561.04. 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 Chapter be deemed to have any effect whatsoever on the interpretations or application of those chapters.
   Affirmative Defense. It shall be an affirmative defense to a violation of this Chapter 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. 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 Chapter while in the course of their official duties.
(Ord. 34-17. Effective 12-7-17.)