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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.)
(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.)
Any premises or portion thereof declared to be a public nuisance may be posted with a placard by one of the Public Nuisance/Unsafe Building Inspectors explaining that it is deemed unsafe to occupy said premises. Said notice shall read: “DO NOT ENTER. UNSAFE TO OCCUPY. VILLAGE OF LOUDONVILLE, OHIO.” Where the public nuisance pertains to a building or structure, the placard shall be affixed to the building or structure, upon the doors or entrances thereto and shall contain a declaration that the structure is a public nuisance and is ordered vacated. No person shall deface or remove such placard. A Public Nuisance/Unsafe Building Inspector shall remove the placard whenever the defect or defects upon which the vacation was based have been eliminated. (Ord. 46-2006. Passed 11-8-06.)
(a) If the owner of the premises affected fails to comply with the order of the Public Nuisance/Unsafe Building Inspectors and does not appeal such order to the Board of Appeals within thirty days of its issuance, the Mayor may, at his or her sole discretion, 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, at his or her sole discretion, 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.
(b) In cases where at least two of the Public Nusance/Unsafe Building Inspectors deem that there is immediate danger to the life or safety of any person unless a public nuisance premises is immediately vacated and abated by repair, rehabilitation or demolition, those two Public Nuisance/Unsafe Building Inspectors shall notify the Mayor in writing and the Mayor may cause the immediate vacation of the premises and abatement of the public nuisance after serving written notice of the emergency and necessary abatement on the owner if possible. The costs of emergency repair or demolition shall be charged or recovered in the same manner as provided in subsection (a) hereof. 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. 716.261, as amended from time to time.
(Ord. 46-2006. Passed 11-8-06.)
Wherever at least two of the Public Nuisance/Unsafe Building Inspectors determine that a public nuisance has been so repaired, reconstructed, and rehabilitated that it is in such condition as to be fit for human habilitation or occupancy, then they shall notify the owner or operator of that determination. A Public Nuisance/Unsafe Building Inspector shall then cause the placard set forth in Section 1460.05 above to be removed.
(Ord. 46-2006. Passed 11-8-06.)
(a) Upon being served the notice provided for in Section 1460.02, an owner intending to abate the public nuisance shall make immediate application in writing or in person to the Codes Enforcement Officer for a special building or demolition permit to undertake the abatement of items found to constitute a public nuisance.
(b) Adequate plans and specifications as required by the Codes Enforcement Officer, covering such abatement, shall be furnished by the owner to the Codes Enforcement Officer within fifteen (15) days after receipt of the notice unless an extension is granted by the Village Council upon request by the owner.
(c) The Codes Enforcement Officer shall, upon approval of such plans and specifications, cause a special building or demolition permit to be issued to the owner. Such permits shall be for a period of thirty days. Within such thirty days, the owner shall effect and complete the repairs and/or demolition unless an extension is granted by the Village Council upon request by the owner. (Ord. 46-2006. Passed 11-8-06.)
(a) Whosoever fails to comply with an order of any Public Nuisance/Unsafe Building Inspector(s) to abate a public nuisance by repair, rehabilitation or demolition shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). Each day of continued failure to comply with the order shall constitute a separate violation. This shall not apply to executors, administrators, or guardians of the property where such persons can produce evidence that estate assets are insufficient to comply with the order.
(b) A violation of Section 1460.05 shall constitute a misdemeanor of the third degree. (Ord. 46-2006. Passed 11-8-06.)
CODIFIED ORDINANCES OF LOUDONVILLE