(a) Definitions. For purposes of this section, the following definitions shall apply:
(1) “Owner” means the owner or owners of record as shown on the tax records of the Summit County Fiscal Office, and also includes any purchaser or purchasers who are buying under a land contract which is recorded in the records of Summit County.
(2) “Public nuisance” means any garage, shed, barn, house, building, accessory structure, or exterior property areas which, by reason of the condition in which it is permitted to be or remain, shall or may endanger the health, life, limb or property of any person, or cause any hurt, harm, damage, injury or loss to any person, in any one or more of the following ways, means or particulars:
A. Any deterioration of structural materials or lack of repair or maintenance of a building, structure or exterior property area that endangers or will endanger the health, safety, or welfare of its occupants or the public or that, if not abated, has or will become a blighting or deteriorating factor in the neighborhood that impairs or adversely affects the value of neighboring property. Such deterioration shall include, but not be limited to, deterioration of walkways, an unsecured vacant structure; abandoned, unusable personal property or other debris; unlicensed, unused, stripped, junked and/or other motor vehicles not in good and/or safe operating condition and of any other vehicles, machinery, implements and/or equipment and personal property of any kind which is no longer safely usable for the purposes for which it was manufactured; broken furniture or upholstered furniture not designed or sold for outdoor use, mattresses or other household furnishings non-usable appliance, automobile parts, plastic materials, paints, miscellaneous coverings and/or other materials; accumulation of pallets or rubbish, and or other material conditions found or declared to be conducive to harboring rodents or other vermin; and/or a violation of the International Property Maintenance Code as adopted by the Municipality;
B. It is a fire hazard; or
C. By reason of the conditions which require its continued vacancy, the structure or exterior property areas are not reasonably or adequately maintained, thereby causing deterioration and creating a blighting influence or condition on nearby properties and thereby depreciating the value, use and enjoyment of such properties to such an extent that the structure or surrounding exterior property areas are harmful to the public health, welfare, morals and safety and the economic stability of the area, community or neighborhood in which such structure is located.
(b) Determination of Public Nuisance by City Manager.
(1) Whenever the City Manager, or the City Manager's designee, suspects the existence of a public nuisance at a property as defined in subdivision (a)(2) hereof, he or she shall promptly cause such suspected public nuisance to be inspected by the Code Enforcement Officer. Following such inspection, the City Manager, or the City Manager's designee, shall determine whether a public nuisance exists at the subject property.
(2) The City Manager, or the City Manager's designee, may hire a certified building official, a structural engineer, an architect, or other appropriate professional to inspect the property to assist in determining whether the subject property is a public nuisance.
(3) If the City Manager, or the City Manager's designee, determines that a public nuisance exists at the subject property, he or she shall cause a written order declaring the property a public nuisance to be served on the owner of the subject property, in accordance with the provisions in subdivision (c)(1) hereof, stating his or her findings with respect to the existence of a public nuisance. The order shall include: where abatement of the nuisance can be accomplished through repair, remediation, or rehabilitation, a list of repair, remediation or rehabilitation specifications required to abate the public nuisance; otherwise, the notice shall require abatement through demolition when a structure is involved; and a statement that unless the owner of the subject property causes the abatement of the public nuisance by repair, remediation, rehabilitation, removal, or demolition, the same will be abated by the City at the expense of the owner. Such abatement by the owner shall start within a reasonable period of time based on the nature of the nuisance but not more than fifteen days after receipt of the notice order and shall be completed within thirty days or, such additional time as the City Manager, or the City Manager's designee, may deem necessary to complete the abatement of the public nuisance.
(c) Service of Order. An order declaring a property a public nuisance and issued pursuant to subdivision (b)(3) hereof shall be served by mailing a copy to the owner, as defined in subdivision (a)(1) hereof, by United States Postal Service certified mail with return receipt requested, by commercial carrier service with signed receipt confirmation of delivery, or by personally serving such owner or by leaving a copy at the usual place of residence of such owner. If service of the order cannot be perfected by any of the hereinbefore described methods, then the City Manager, or the City Manager's designee, shall cause such order to be published in a newspaper of general circulation in the City once each week for two consecutive weeks. However, such a published order shall not include a list of the repair or rehabilitation specifications mentioned in subdivision (b)(3) hereof.
(d) Appeals to Board of Zoning and Building Appeals from Decision of City Manager.
(1) The Board of Zoning and Building Appeals shall be and act as the appeal board for any appeals from the determination of the City Manager, or the City Manager's designee, regarding whether the subject property is a public nuisance, and/or the ordered manner of abatement thereof, and, using this section as a basis, shall have the power to confirm, reverse or modify any order of the City Manager, or the City Manager's designee, appealed to it. The Board of Zoning and Building Appeals may, in a proper case for good cause shown, grant an extension of time for the abatement to be made pending the Board's final decision on the appeal.
(2) The owner may, within twenty days after service of the order of findings of the City Manager, or the City Manager's designee, as provided for in subdivision (b)(3) hereof, that the subject property does constitute a public nuisance, serve a notice in writing to the Board of Zoning and Building Appeals through the Office of the City Manager for an appeal on the question of whether in fact a public nuisance, as defined in subdivision (a)(2) hereof, does exist.
(3) The owner of the subject property, or his or her duly authorized representative or agent, shall be notified of the date, time and place of the appeal hearing in accordance with the provisions set forth in subdivision (c) hereof, and shall be given an opportunity to appear in person, or through a duly authorized representative or agent, at such hearing, and present such evidence as may be pertinent to the question of the existence of the public nuisance.
(4) The Board of Zoning and Building Appeals, after reviewing all of the inspection reports, and any pertinent evidence presented by the owner, or his or her duly authorized representative, and any pertinent evidence presented by the Municipal administration, shall determine whether a public nuisance, as defined in subdivision (a)(2) hereof, does exist before enforcement of the abatement provisions of this section is carried out. A copy of the decision of the Board of Zoning and Building Appeals shall be promptly served upon the owner in the manner provided for in subdivision (c) hereof.
(e) Abatement of Nuisance or Demolition of Structure by City.
(1) Provided that thirty days' notice is given in accordance with the service requirements of subdivision (c) hereof, should any public nuisance not be abated by the owner at the expiration of the time stated in the order of the City Manager, or the City Manager's designee, or such additional time as the Board of Zoning and Building Appeals may grant, the City Manager, or the City Manager's designee, shall be authorized, at any time thereafter, to cause entry upon such premises and the owner shall permit such entry to abate the public nuisance by demolition and removal of the structure or exterior property nuisance.
(2) In abating such public nuisance, the City Manager, or the City Manager's designee, shall obtain the abatement thereof by private contract and the costs of such private contract shall be paid for from City funds. The cost of such abatement action shall be recovered from the owner in the following manner:
A. The owner shall be billed for the cost of the abatement by mailing such bill to the owner, by United States Postal Service certified mail with return receipt request; by commercial carrier service with signed receipt confirmation; by personally serving the owner with a copy of such invoice or by leaving a copy of such invoice at the usual place of residence of the owner. If service of such invoice is not perfected by any of the hereinbefore described methods, then the invoicing notice shall be published in a newspaper of general circulation in the City once a week for two consecutive weeks.
B. If the owner fails to pay for the cost of such abatement within sixty days after receipt of the invoice, after its delivery to his or her usual place of residence or after the publication of the second notice in the aforesaid newspaper, the City shall cause the cost of the abatement to be levied as an assessment against the property and to be placed on the tax duplicate for recovery thereof.
(f) Remedies not Exclusive. This section shall not be deemed to be a limitation or restriction on the authority of any department, division, official or employee of the City, but shall be deemed to be an enlargement of any authority existing by virtue of the statutes of Ohio or any ordinance heretofore enacted by Council.
(g) Removal of Weeds or Tall Grass.
(1) The owner, occupant or person having the charge or management of any of the following whether the same be vacant or occupied:
A. Developed or improved parcel;
B. Parcel situated in a platted and improved subdivision;
C. Land within any public right-of-way. The City Manager may request an additional distance back from the right-of-way if it is determined necessary to address a sightline issue.
within five days of written or oral notice to do so, shall cut or destroy, or cause to be cut or destroyed, any noxious or poisonous weeds tall grasses growing upon such lot or parcel of land, and prevent the same from blooming or going to seed, exceeding a height of eight inches, or spreading pollen which may be harmful to human health.
(2) If the owner, occupant or person having the charge or management of any lot or parcel of land referenced in division (g)(1) does not cut or destroy, or cause to be cut or destroyed, noxious weeds or tall grasses as provided herein, the City Manager, or the City Manager's designee, is authorized to cause to be cut or destroyed such noxious weeds or tall grasses.
(3) When any such noxious weeds or tall grasses are cut or destroyed by the City, as provided herein, then after such work is performed, the City shall give five days' notice by regular mail to the owner, occupant or person having the charge or management of such lot or parcel of land, at his or her known address, to pay the cost of such cutting or destroying of noxious weeds or tall grasses, which notice shall be accompanied by a statement of the amount of cost incurred. If the same is not paid within thirty days after the mailing of the notice, such amount may be certified to the County Fiscal Officer for collection as other taxes and assessments are collected or the City may seek recovery of such costs by civil action against the property owner involved.
(4) When it is deemed necessary to cut and destroy weeds or tall grasses on private property, in accordance with the provisions of this section, the owner shall be charged at the rate of seventy-five dollars ($75.00) per hour or portion thereof, or the actual cost of such work, whichever is the larger. The minimum charge therefor shall be seventy-five dollars ($75.00).
(Ord. 15-109. Passed 9-1-15; Ord. 22-33. Passed 4-5-22; Ord. 22-117. Passed 10-18-22.)