Should the County Health Commissioner, Police Chief and Fire Chief, after the inspection of the premises on which it is reported that a public nuisance exists, all concur that a public nuisance does exist, although the nature thereof is not such as to require the summary abatement of such nuisance, photographs and reports of their findings, the same as provided in Section 632.02, shall be made and filed with the Safety-Service Director. It shall be the duty of the Director, in such cases, to cause written notice to be given to the person, persons, firm or corporation who, from the records in the County Auditor’s office, appears to be the owner or owners of the aforesaid property, by any member of the Police Department or Fire Department by serving him or them personally or by leaving a copy at the usual place of residence or business of such owner or owners or at the address of such owner or owners shown in the County Auditor’s records, or by mailing a copy to such owner at such place or address by United States certified mail, return receipt requested. If service of the written notice is unable to be perfected by any of the hereinbefore described methods, then the Director shall cause such notice to be published in a newspaper of general circulation in the City, once each week for two consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the person, if any, in possession of the premises on which it is alleged that such public nuisance exists, or if there is no person in possession thereof, he shall cause a copy of the notice to be posted on the premises.
The aforesaid notice shall state, in brief, the findings of the aforementioned officers of the City with respect to the existence of a public nuisance and shall further state that unless the owner or owners thereof cause the abatement of the public nuisance within thirty days after the service of the notice, the same shall be abated by the City at the expense of such owner or owners. The owner or owners may at any time after receipt of the notice make a request in writing or in person to the Director, to be furnished with a written list of the items which are alleged to constitute the public nuisance and which are alleged to be in need of repair and/or replacement and/or removal.
The owner or owners may make immediate application in writing or in person to the Director for a building permit to undertake the repair or replacement of items alleged to constitute the public nuisance. The Director, upon being furnished by the owner or owners with the complete plans and specifications covering the repairs or replacements indicating abatement of the nuisance conditions and which are in conformity with the Ohio Building Code or the FHA Minimum Property Standards as to fire safety, devices, sanitation and drainage, shall, upon approval of the plans and specifications, cause a building permit to be issued to the owner or owners. The Director may grant more than thirty days to the owner or owners in which to effect the repairs and/or replacements and/or removal, if a bona fide intention to abate such nuisance appears to him and if good cause for a reasonable delay is shown to him.
The owner or owners may, within fourteen days after receipt of the notice, make a demand in writing to the Director for a hearing on the question of whether in fact a public nuisance exists and/or whether or not more than thirty days should be granted to the owner or owners to abate the nuisance. The hearing shall be held within ten days following receipt of the written demand and at least two days notice of the hearing shall be given to the owner or owners. The hearing shall be conducted by a Hearing Board composed of the Safety-Service Director, the Chief of Police, the Fire Chief and the County Health Commissioner, or in the event any of such officers is unable to attend, by someone from his department delegated by him to act in his behalf. Three members of the Hearing Board must concur that a public nuisance exists before enforcement of the abatement is carried out. A majority of the hearing board may amend or modify the notice and order, or extend the time for compliance by the owner with parts of the abatement by such date or dates as such majority may determine. A copy of the decision and order of the hearing officers shall be promptly served upon the owner or owners in the manner provided for by Section 632.02. The decision and order of the Hearing Board shall be final and conclusive, unless the owner or owners file, within ten days after the aforesaid decision is rendered, an action in or appeal to the Municipal Court of the City; otherwise the same shall become final and conclusive at the termination of such action or appeal proceeding as determined by such Court.
(Ord. 1463. Passed 4-25-66.)