(a) The Village Administrator or his/her designee shall be responsible for enforcing this chapter. Upon the determination that a landowner has violated the provisions of this chapter, the Village Administrator or his or her designee shall notify the owner of such property of the violation by written notice by certified mail or by delivering said notice personally to the landowner. Said notice shall contain the name and address of the landowner, the address of the violation, a description of the violation and general directions for correcting the violation, and shall provide the violator with a period of time, set forth in paragraph (b), in which to correct the violation.
(b) The village shall provide the following time periods for correcting the violations set forth in paragraph (a):
(1) Ten days for removal of trash, rubbish, junk cars, and other violations requiring the removal of personal property.
(2) Thirty days for the removal or repair of structures not used for the purpose of human habitation such as sheds, garages and other outbuildings.
(3) Thirty days for the removal or repair of trailers and mobile homes, and thirty days for the repairs to buildings designed or used for human habitation.
(4) Sixty days for the removal or demolition of buildings designed or used for human habitation, including trailers and mobile homes, but only in cases where an engineer, county health official, state fire marshal or certified building inspector has determined that the building is dangerous and a hazard to human life or to surrounding properties.
(c) Any person aggrieved by the determination of the Village Administrator or his or her designee shall have a period of ten days from receipt of the notice to file a written appeal to the Zoning Board of Appeals. Said appeal shall provide the name, address and phone number of the landowner, the address of the violation, and the basis for disputing the village's determination that the property violates the provisions of Chapter 1450. Said appeal shall be heard by the Zoning Board of Appeals within 30 days, and the Village Administrator shall insure that the person filing the appeal has at least seven days notice of said hearing. The Board shall take testimony from the party appealing and from the village, shall make written findings and shall issue a written decision. Any party aggrieved by the Zoning Board of Appeals shall have 28 days from receipt of the date of decision to appeal to the Ashtabula County Common Pleas Court.
(d) Upon failure of the owner to make the repairs or remove within the time limit following service of the “notice of violation,” the Village Administrator shall cause such repairs, removal or demolition to be made in order to abate the public nuisance. Such repairs, removal or demolition shall be at the owner’s expense and cost, which shall include all costs incurred by the Village, including cost of performing the work, engineering or other experts and costs, if any, of borrowing funds to complete the work, together with an administrative fee of 20% of the total cost.
(e) The expenses of the abatement shall be determined and billed to the property owner by regular mail. If the bill is not paid within ten (10) days following the date of mailing, the Village Clerk/Treasurer shall certify to the County Auditor the action taken under this chapter, a statement of the charges for such action, and a proper description of the premises, for the purpose of making the same a lien upon such land to be collected as other taxes and returned to the village general fund in accordance with R.C. § 731.54.
(f) In the event that the village determines a building or structure to be a danger or hazardous to human life or property, (as determined by the state fire marshal, county health official, engineer or certified building inspector) and the landowner fails to take corrective action within the time periods set forth herein, the village may make repairs to the building or demolish the building at the landowners cost.
(Ord. 2864, passed 6-20-11)