1935.03 NOTICE OF PUBLIC NUISANCE.

      (a)    The provisions of any other section of these Codified Ordinances notwithstanding, when the Executive Director of External Services suspects the existence of a public nuisance, as defined in Section 1709.35, in the City, the Director shall promptly cause to be inspected the property on which the public nuisance is suspected to exist. Should the Executive Director of External Services find that a public nuisance does exist, it shall be the duty of the Director to cause photographs of such public nuisance to be made, and to file in his or her office the photographs and the written report of the findings of the inspector. The Executive Director of External Services shall cause a written notice to be served on the owner of such property, and on the holders of legal or equitable liens of record upon the property, stating the findings with respect to the existence of a public nuisance and stating that unless the owner, or any lienholder, thereof shall cause the abatement of the public nuisance by rehabilitation or by removal of the public nuisance, the same will be abated by the City at the expense of the owner. Service shall be made personally, or by United States certified mail or commercial carrier service to the person's residence, regular place of business, last known address, or to the address of the statutory agent on file with the Ohio Secretary of State. If the certified mail is returned undelivered or the commercial carrier reports failure of delivery, a copy shall be served by regular mail to the person's residence, regular place of business, or last known address, and posted in a conspicuous place in or on the property. If notice is sent by regular mail, it shall be evidenced by a certificate of mailing and shall be deemed received three (3) business days from the date of mailing, provided that the regular mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery. If service of the notice cannot be made on any person or entity to be provided with notice pursuant to this section because the residence or other address of said person or entity cannot be ascertained with reasonable diligence, said person or entity shall be served with notice of the existence of the public nuisance and notice that the City shall cause the abatement of the public nuisance by rehabilitation or removal if not otherwise abated, by publication. Such publication shall be in a newspaper of general circulation in Butler County, Ohio, at least once a week for six consecutive weeks. Service shall be deemed complete at the date of the last publication. If the owner, or any lienholder, fails or refuses to cause the abatement of the public nuisance by rehabilitation or by removal of the public nuisance, the City may cause either the abatement or the lessening of the severity of the public nuisance, at the expense of the owner, by rehabilitation or repair, or by removal of the public nuisance.

   (b)    The City may, at its option, elect to not utilize the procedure provided in this Chapter 1935 and proceed instead with the filing of an action in common pleas court.

(Ord. 2022-4-26. Passed 4-13-22.)