(a) The Director of Public Service upon notice by the Director of Serivce, that any area within or without certain lots or lands or portions thereof, containing any area used for off-street parking or the driveways to or from such lots or lands, is made from any substance otherwise than providing a permanent hard or macadam surface, which surface is not in good condition and from which gravel, sediment, leaves, debris or other material are washing into the streets and causing excessive maintenance of the streets or the storm and sanitary sewers of the City, or is creating a health nuisance or traffic hazard within the immediate area of such lots or lands, by reason of dust, dirt or other substance rising therefrom and the Director of Public Service, upon receipt of such report, shall cause a written notice to be served upon the owners, lessees, agents or tenants, having charge of the lots or lands and notifying them of the nuisance that exists thereon with an order that the same be abated within thirty days from the date of the notification or show cause why the same should not be done by filing a petition with the Director of Public Service. Thereafter the Director shall within thirty days, set a time and place for a hearing on the petition and notify the owners, lessees, agents or tenants having charge of the premises thereof.
(b) Such owners or other persons having charge of such lots or lands, who are non-residents or whose address is not known, or to whom no notice can be readily delivered, it shall be sufficient to publish a notice of the existence of the nuisance in a newspaper of general circulation in Franklin County, and after completion of such notice, the Clerk of the City shall make return to the Director of Public Service, setting forth the costs of such publication.
(c) Upon failure of such owners, lessees, agents or tenants who have charge of such lots and lands, to comply with the notice within that period of time stipulated, or who, after hearing, is ordered to abate such nuisance and fails to do so, the Director of Public Service shall cause such nuisance to be abated and that upon the performance of such labor the Director of Public Service shall report to Council the cost thereof with respect to each lot or parcel of land, including the cost of survey and notice of the proceedings and such other necessary and legal expense as may be attributed thereto. Upon receipt of such report and approval thereof by Council, the City Clerk shall make return in writing to the Auditor of Franklin County of such charges which shall be entered upon the tax duplicate of the County.
(d) The Director of Public Service, in addition to the powers granted in subsection (a), (b) and (c) hereof shall have the authority to provide for the installation of hard, dustless surface on such area of lots and lands as may be required to abate the nuisance declared to exist.
(e) The notice as provided for in subsection (a) hereof, shall be given or made for the abating of a nuisance provided therein, and failure of such owners and/or other persons as provided for in subsection (b) hereof to comply with the notice shall be deemed a willful permitting of a public nuisance and detrimental to the peace, health and safety of the general public, and the Director of Public Service is hereby authorized to cause such lots or parcels of land to be re-surfaced in such a manner as to abate the nuisance and that the cost of labor and service or equipment, including the investigations, notices, and publications shall be reported to Council in respect to each lot, land, or parcel of land upon which the nuisance existed. Upon receipt of such report and approval by Council, the Clerk shall make a return in writing to the Auditor of Franklin County of such charges which shall be entered upon the tax duplicate of the County as it applies to each of such lots or parcels of land, and the same shall be collected in the same manner as street assessments are collected and returned to the City.
(Ord. 4-64. Passed 2-3-64.)