§ 94.03 ABATEMENT.
   (A)   Abatement and assessment by village regarding noxious weeds and litter; procedure. If the owner of any lot or land in violation of this IPMC fails to comply with the notice issued in accordance with this code as to noxious weeds or litter as defined by this IPMC, and notice has been provided to the owner in accordance with this IPMC, the Code Official shall destroy the offending vegetation by spraying it with a chemical compound, approved by the County Commissioner of Health, by cutting or digging under such weeds or by any other method approved by the County Commissioner of Health, and may otherwise remove litter and debris. The Code Official shall report all expenses involved in the abatement of such violation, including the cost of service of notice, to Council, after such activity is completed. When noxious weeds have been cut or destroyed in accordance with this code, and/or litter removed in accordance with this code, the cost thereof shall be a lien on the lot or land from the date such expenses are reported to Council. The Clerk of Council shall certify such cost to the County Auditor to be placed upon the tax list and collected as other taxes are collected and returned to the village in accordance with R.C. § 731.54.
   (B)   Abatement and assessment by village regarding hazardous structures and other nuisances; procedure. If the owner of any lot or land in violation of this IPMC fails to comply with the notice issued in accordance with this code as to hazardous structures or other nuisance conditions as defined by this IPMC, and notice has been provided to the owner in accordance with this IPMC, the Council, by resolution, shall authorize and direct the appropriate village official to abate the violation. The Code Official or other relevant designee shall report all expenses involved in the abatement of such violation, including the cost of service of notice, to Council, once such abatement has been completed. The Clerk of Council shall certify such cost to the County Auditor to be placed upon the tax list and collected as other taxes are collected and returned to the village in accordance with R.C. § 715.261.
   (C)   Abatement and assessment by village; costs assessed.
      (1)   For abatement action performed pursuant to the IPMC and this section, for which the village is able and willing to undertake using its own personnel and equipment, the costs charged against the abated property shall be invoiced at an hourly rate equivalent to the hourly rate paid to the employee or employees performing the abatement activity, plus up to 10% administrative cost over and above that amount. This additional 10% fee is intended to cover the village's additional personnel costs, equipment depreciation, fuel costs, and similar costs.
      (2)   For abatement action performed pursuant to the IPMC and this section, for which the village contracts with a third party, the costs charged against the abated property shall be subject to the laws regarding contracting and bidding, the village shall hire a commercially-reasonable and competent contractor or contractors to complete the abatement action, and the village shall charge for all expenses incurred by the village in connection with the abatement services performed, plus up to a 10% charge for the village's administrative costs related thereto.
(Ord. 2023-20, passed 5-1-23)