(a) Right of Entry.
(1) The City Manager or his/her designee is authorized to make or cause to be made inspections of the exterior of all premises within the City. All exterior premises must be available and accessible for such inspections, and the owner or occupant is required to provide the necessary arrangements to facilitate such inspections.
(2) Where the City’s agent is refused access, or is otherwise impeded or prevented by the owner or occupant from conducting an inspection of the premises, such person shall be in violation of this chapter and subject to the penalties contained herein.
(b) Responsibilities of Owners and Occupants.
(1) Owners shall have the duties and responsibilities as prescribed in this chapter, and no owner shall be relieved from any such duty and responsibility, nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
(2) Occupants shall have all the duties and responsibilities as prescribed in this chapter and no occupant shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner is also responsible therefor and in violation thereof.
(c) Notice of Violation.
(1) Where a violation of this chapter is found to exist, a written notice shall be served upon the person or persons responsible for the correction thereof. Said notice shall specify the violation or violations committed, what must be done to correct the same and a reasonable period of time to correct or abate said violation.
(2) Service of said notice shall be by certified mail addressed to the owner and/or occupant at his or her residence or to the tax mailing address as indicated by the records of the Ashtabula County Treasurer, or by delivery to the residence of the owner and/or occupant or by delivery to said individuals at the premises involved.
(d) Noncompliance With Notice. Whenever the owner and/or occupant of a structure or premises fails, neglects or refuses to comply with any notice of violation within the time period specified in said notice, the City shall proceed as provided in division (e) or (f) of this section, whichever is applicable.
(Ord. 2307. Passed 8-26-91.)
(e) Civil Remedy for Noncompliance. Where the owner and/or occupant of any premises fails to comply with a notice of violation of any of the provisions of this chapter within the time period specified in said notice, the City shall cause such violation to be corrected, removed or abated. The City may contract with a private person or firm to accomplish said task. The actual cost of bringing the property into compliance plus 100 percent for inspections and administration shall be billed to the owner and/or occupant. If said bill is not paid within ninety days after submission, then the Clerk of Council shall certify said costs, together with a twenty- five percent penalty, to the Ashtabula County Auditor for placement on the tax duplicate to be collected as other taxes for return to the City.
(Ord. 2529. Passed 3-10-97.)
(f) Criminal Remedy for Noncompliance. Where the owner and/or occupant of any premises fails to comply with a notice of violation of any of the provisions of this chapter, said owner or occupant shall be considered to be in violation of this chapter and the Responsible Official may proceed at law to compel compliance and to prosecute said violation.
(g) Vacant Buildings. If any structure or part thereof is vacant, the Responsible Official may order said structure secured so it will not be an attractive nuisance. Said order shall be served as set forth in division (c) of this section and shall specify a reasonable time for compliance. Upon failure of the owner to comply within the specified time, the City shall cause the building to be secured using City forces or by contract with a private person or firm and the costs thereof shall be charged against the owner of the property as set forth in division (e) of this section.
(h) Penalty. Whoever violates or fails to comply with any provision of this chapter, for which no penalty is otherwise provided, is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 2307. Passed 8-26-91.)