CHAPTER 1460
Public Nuisance/Unsafe Buildings
1460.01    Definitions.
1460.02   Inspection and notification.
1460.03   Method of notification.
1460.04   Right of appeal.
1460.05   Posting of notice.
1460.06   Vacation and demolition or repair by Village.
1460.07   Rehabilitation or restoration.
1460.08   Action upon notice; special building permits.
1460.99   Penalty.
 
CROSS REFERENCES
Removal of unsafe structures - see Ohio R.C. 715.26(B), 715.261
Power to abate nuisance and prevent injury - see Ohio R.C. 715.44
 
 
1460.01 DEFINITIONS.
   As used in this chapter:
   (a)   “Public nuisance” means a fence, wall, garage, shed, house, building, structure, tree, pole, smokestack or any excavation, basement, cellar, well, cistern or sidewalk subspace or part thereof which may endanger the health, life, limb, safety or property of, or cause any hurt, harm, inconvenience, discomfort, danger or injury to, any person in the Village in any of the following ways:
      (1)   By being detrimental to the general health of the community;
      (2)   By being a fire hazard;
      (3)   By being unsafe for occupancy, or use on, in, upon, about or around the premises;
      (4)   By continued vacancy, thereby resulting in a lack of reasonable or adequate maintenance of structures and grounds and causing deterioration thereof and a blighting influence on nearby properties and thereby depreciating the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such structure is situated;
      (5)   By lacking facilities required by this chapter or other Village ordinances or codes or the laws of the State of Ohio, for egress in case of fire or panic, or those having insufficient stairways and elevators, fire escapes or other means of access;
      (6)   By having parts, bricks, boards or appurtenances which are so attached that they may fall and injure occupants or the general public or damage property;
      (7)   By becoming or being dilapidated, decayed, unsafe, unsanitary or vermin- infested or being likely to cause sickness, disease or injury to occupants or the general public.
   (b)   “Owner” means the owner of record in the premises in fee or lesser estate therein, a mortgagee or vendee in possession, assignee of the rents, receiver, executor, administrator, trustee, guardian, mortgagor or other person, firm or corporation in control of a building, or their duly authorized agents. Any such person representing the owner shall be bound to comply with this chapter in the same manner as if he or she were the owner.
   (c)   “Public Nuisance/Unsafe Building Inspectors” means the Loudonville Village Codes Enforcement Officer, the Loudonville Fire Chief, or the Chief of the Loudonville Police Department. (Ord. 46-2006. Passed 11-8-06.)
1460.02 INSPECTION AND NOTIFICATION.
   (a)   When any building or structure within the Village is reported to or discovered by at least one of the Public Nuisance/Unsafe Building Inspectors to be alleged public nuisance, at least two of the Public Nuisance/Unsafe Building Inspectors shall inspect the premises suspected to hold the potential public nuisance at the earliest date possible. The Public Nuisance/Unsafe Building Inspectors shall keep written reports of the findings of their inspection as well as photographs of the premises inspected.
   (b)   If, upon inspection, a premises within the Village is found to be a public nuisance by at least two of the Public Nuisance/Unsafe Building Inspectors, then at least one of the Public Nuisance/Unsafe Building Inspectors shall immediately notify the owner of the property of the condition of the property in writing and shall order the owner to cause the abatement of the public nuisance by repair, rehabilitation or demolition. Any one of the Public Nuisance/Unsafe Building Inspectors may also order that all persons vacate the premises where at least two Public Nuisance/Unsafe Building Inspectors deem it necessary for the safety of any person(s).
   (c)   The order mentioned in this section shall be in writing and shall specify the building, structure or portion thereof found to be a public nuisance and shall specify the repairs to be made thereto, and direct the owner to cause the public nuisance to be abated by repair, rehabilitation or demolition or the public nuisance will be abated by repair, rehabilitation or demolished by the Village at the expense of the owner. The order shall direct that the abatement commence within a period of thirty days from service of notice, and to proceed with the repair so commenced without interruption and with diligence until completed. The order shall also direct that the abatement must be completed within sixty days from the service of the notice unless an extension of such time is granted by the Village Council at the request of the owner. (Ord. 46-2006. Passed 11-8-06.)
1460.03 METHOD OF NOTIFICATION.
   The notice and order provided for in Section 1460.02 shall be served upon the owner, by leaving a copy at the usual place of residence of the owner, or by mailing a copy to the owner at his or her usual place of residence if such place of residence is outside of Ashland County, by United States certified mail with return receipt requested. If service of the notice is not achieved by either method, then one of the Public Nuisance/Unsafe Building Inspectors shall cause such notice to be published on the Village of Loudonville web site and social media account(s) (if any) once each week for two consecutive weeks and shall further cause a copy of the notice to be left with the person, if any, in possession of the premises on which it is alleged that such public nuisance exists. If there is no such person in possession thereof, or if one of the Public Nuisance/Unsafe Building Inspectors is unable to locate such a person, then one of the Public Nuisance/Unsafe Building Inspectors shall cause a copy of the notice to be posted in a conspicuous place on the premises. One of the Public Nuisance/Unsafe Building Inspectors shall cause a return of service, in the form of an affidavit, to be made by the person who served it, which affidavit shall set forth the name and address of the person served, the manner of service and the date thereof. (Ord. 44-2023. Passed 12-18-23.)
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