(a) The Village Council shall also be the Board of Building Appeals for purposes of this chapter.
(b) Any owner of any premises ordered to vacate and/or to abate the public nuisance, may, within ten days from the date of service of the written notice to abate the public nuisance as provided above, file with the Board of Appeals his or her written objection to the order. Said objection shall include the owner’s address for future service. In the event of an objection being filed, a hearing shall be held at the first available hearing date, upon the question of whether or not a public nuisance exists as determined by the Public Nuisance/Unsafe Building Inspectors. The owner of the premises shall be notified in writing of the date, time, and place of the hearing. The notice of hearing shall be so given at least forty-eight hours in advance of the time of the hearing by the Clerk of the Village Council/Board of Building Appeals by personal service or United States certified mail, return receipt requested.
(c) At any hearing before the Board of Appeals, at least two of the Public Nuisance/Unsafe Building Inspectors shall report in person the finding made upon their inspection of the premises and shall present other evidence as may be available in support thereof. The owner shall then be heard, and the Board of Appeals shall receive evidence as may be offered tending to rebut the findings and evidence presented by the Public Nuisance/Unsafe Building Inspectors. Thereupon, the Board of Appeals shall determine whether or not the premises or any part thereof constitutes a public nuisance and shall notify all interested parties of its decision within seven days of the hearing. Two-thirds of the members of the Village Council must concur that a public nuisance exists before enforcement of abatement by repair, rehabilitation or demolition can be carried out. If the Board of Appeals finds that the premises or any part thereof constitutes a public nuisance, it shall so notify the Village Solicitor or other Village legal counsel by the same written finding it issued to the interested parties.
(d) The Clerk of the Board of Appeals shall forward a copy of the Board’s findings to all interested parties by certified mail, return receipt requested within seven days of the Board’s hearing.
(e) Upon receipt of a decision adverse to the owner, the owner may commence repairs, rehabilitation or demolition of the public nuisance within fourteen (14) days of receipt of such decision or may appeal the decision of the Board of Appeals as provided in Ohio R.C. Chapter 2506.
(f) If the owner does not commence proceedings to repair, rehabilitate or demolish any premises or structure found by the Board of Appeals to be a public nuisance within thirty-one days from the date of receipt of the decision of the Board of Appeals, or appeal such decision to the appropriate court, the Mayor may, through any employee(s), agent(s) or private contractor(s), enter the premises and abate the public nuisance by repair, rehabilitation or demolition or take any other action deemed necessary by the Mayor to ensure public health, welfare and safety or the Mayor may instruct the Village Solicitor or other Village legal counsel to bring such actions for judicial order as may be appropriate. The costs of the abatement shall be paid by the Village and recovered from the owner as follows:
(1) The owner shall be billed directly by certified mail for the cost of the abatement. The bill for such cost shall be paid within sixty days after receipt of the bill.
(2) If the cost is not so recovered, then the Village shall cause the cost to be levied against the owner as an assessment and recovered in accordance with Ohio R.C. 715.261, as amended from time to time.
(Ord. 46-2006. Passed 11-8-06.)