1935.09 ABATEMENT OF NUISANCE BY CITY.

      (a)    Should a public nuisance not be abated within thirty (30) days of receipt of the notice of public nuisance, or at the expiration of the time stated in the approved election to rehabilitate or remove, or any extensions granted by the City Manager , and/or his or her designee, or such additional time as the Nuisance Appeals Board may grant, the Manager, and/or his or her designee, shall be authorized at any time thereafter to enter on the property and the owner shall permit him/her entry to abate the public nuisance by demolition and removal, or by taking such other action as is deemed appropriate to abate the public nuisance. If the public nuisance is located within an Architectural Conservation/Historic District, abatement of the public nuisance shall be coordinated with the Planning Department and Architectural Design Review Board as required by Section 1126.00, et seq., of the Zoning Ordinance of the City of Hamilton, Ohio. In abating a public nuisance, the City Manager, and/or his or her designee, may call on any department, division, or bureau of the city for whatever assistance may be necessary to abate such public nuisance as aforesaid, or may, by private contract, abate or lessen the severity of such public nuisance or take such other action as may be deemed appropriate. In the event that a fire occurs on the property of a nuisance structure between the time it is declared a public nuisance and the time such nuisance is fully abated, the reasonable expenses incurred by the City as a result of the services provided by the Fire Department shall be included in the cost of abating or lessening the severity of the public nuisance. The cost of abating or lessening the severity of such public nuisance shall be recovered in the manner provided in subsection (b) of this section.

      (b)    The cost of abating or lessening the severity of such public nuisance, or of such other action taken by the City pursuant to this chapter, shall be recovered in the following manner:

            (1)    The owner shall be billed directly by United States certified mail or commercial carrier service for the cost of abating or lessening the severity of such public nuisance. The bill for the cost thereof shall be paid within sixty (60) days after receipt of the bill.

            (2)    If the costs are not so recovered, the City may collect the costs by any of the following methods:

                  A.    The City may cause the costs of abating or lessening the severity of such public nuisance to be levied as an assessment and recovered in accordance with Ohio Revised Code section 715.261.

                  B.    The City may commence a civil action to recover the costs from the owner, as provided in Ohio Revised Code section 715.261.

            (Ord. 2022-4-26. Passed 4-13-22; Ord. 2023-9-82. Passed 9-27-23.)