(a) An obscene sign shall be immediately removed.
(b) Any sign which violates the provisions of this chapter is hereby declared to be a public and private nuisance and shall be removed.
(c) Any temporary sign in a dilapidated state as set forth in Section 1149.14 is hereby declared to be a public and private nuisance and shall be replaced or removed.
(d) Whenever the Code Official suspects the existence of a public nuisance, as defined in division (b) of this section, he or she shall promptly cause to be inspected the premises on which
he or she suspects such public nuisance to exist.
(e) Should the Code Official find that a public nuisance does exist, he or she shall cause a written notice to be served on the owner of the land on which such unlawful sign is located stating the findings with respect to the existence of a public nuisance and stating that unless the owner or owners thereof shall cause the abatement of the public nuisance by removal of the sign, the Village, at the expense of said owner or owners, will abate the same. Such abatement shall start within fifteen (15) days after service of said notice and shall be complete within forty-five (45) days.
(f) The notice referred to in subsection (e) hereof shall be served either personally or by leaving a copy thereof at the usual place of residence of the owner, or by mailing a copy to such owner at his or her usual place of residence if such place of residence is outside Hamilton County, Ohio, by United States certified mail with return receipt requested. If service of the written notice is not perfected by any of the hereinbefore described methods, then the Code Official shall cause such notice to be published in a newspaper of general circulation in the Village, once each week for two consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the person, if any, in possession of the premises on which it is alleged such public nuisance exists. If there is no person in possession thereof, the Code Official shall cause a copy of the notice to be posted on the premises. The Code Official shall cause a return of service in the form of an affidavit that shall set forth the name and address of the person served, the manner of service and the date thereof.
(g) The said owner or owners may, within ten (10) days after completion of service of the notice, make a demand in writing to the Code Official for a hearing on the question of whether in fact a public nuisance, as defined in subsection (b) hereof, does exist. The hearing shall be held within fourteen (14) days following receipt of said written demand, and at least two (2) days' notice in writing of the said hearing shall be given to the said owner or owners. The said hearing shall be conducted by the Planning Commission. All members of the said hearing board shall concur that a public nuisance, as defined in subsection (b) hereof, exists, before enforcement of the abatement is carried out. A copy of the decision of said hearing board shall be promptly served upon the owner or owners in the manner provided in subsection (f) hereof.
(h) Should said nuisance not be abated at the expiration time stated in the notice issued by the Code Official or such additional time as the hearing board may grant, the Code Official shall be authorized at any time thereafter to enter upon said premises, and the owner shall permit him or her entry to abate the nuisance by removal of the sign or by taking any other action that may be required. In abating such nuisance, the Code Official may call upon any department of the Village for whatever assistance may be necessary, or may, by private contract, obtain the abatement thereof, and the cost of such private contract shall be paid for from Village funds specifically authorized by Council in order to abate such public nuisances. In abating such nuisance, the Code Official may take whatever action is necessary to complete the abatement of the same and the cost of the abatement action shall be recovered from the owner in the following procedures:
(1) The owner or owners shall be billed directly by certified mail for the cost of the abatement. The bill for the cost of the abatement shall be paid within sixty (60) days after receipt of the bill.
(2) If costs are not so recovered, then the Village shall cause the cost of the abatement to be levied as an assessment and recovered in accordance with Ohio R.C. 715.261.
(i) This section shall not be deemed to be a limitation or restriction on the authority of any department, division, official or employee of the Village, but. shall be deemed as an enlargement of any authority existing by virtue of the statutes of the State or any ordinance heretofore enacted by Council. Notice to the owner or lessee shall not be required prior to the removal of an unlawful sign which, in the opinion of the Code Official, creates an immediate or potential danger to persons or property due to structural deficiencies or inadequate maintenance, nor shall notice be required prior to removal of a sign which, in the opinion of the Village's Engineer, creates an immediate or potential danger to persons or property because of its location.
(Ord. 2018-11. Passed 8-13-18.)