(a) It is hereby declared to be a nuisance, and against the public peace, health, and general welfare of the Village of Luckey, to do any of the following:
(1) Discharge or cause to be discharged any (unpolluted) surface water, ground water, roof runoff, storm water, subsurface drainage (specifically including sump pump discharge), uncontaminated cooling water, or unpolluted industrial process waters to any separated sanitary sewer.
(2) Construct or maintain any privy, privy vault, cesspool, septic tank, or other facility intended or used for disposal of sewage within the limits of the Village.
(3) Discharge to any natural outlet within the Village, or in any area under the jurisdiction of the Village, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of Chapter 921.
(b) The Village Administrator is hereby authorized to abate any such nuisance herein described provided, however, that the following requirements have first been substantially met.
(1) The owner of the property upon which such nuisance is located shall be given notice of the nuisance and the opportunity to abate said nuisance within fourteen (14) days subsequent to the issuance of such notice, and
(2) Within seven (7) days of the issuance of such notice, the affected property owner may request a review hearing with a Review Board composed of the Mayor, the Chair of the Street and Sewer Committee, and the Village Solicitor to determine whether such a nuisance exists on the subject property; upon such request, a review hearing shall be held within seven (7) days, and
(3) If the Review Board finds that a nuisance exists, the Village shall promptly abate the nuisance as contemplated herein, or if the Review Board finds no such nuisance exists, the Village shall not be permitted to take further action until such nuisance is deemed to exist.
(c) Pursuant to the powers granted herein to abate such nuisances as contemplated herein, and pursuant to the general powers granted to the Village by the Ohio Revised Code and the Ohio Constitution, the Village, its agents, and assigns are authorized to enter upon the land and improvements thereon to abate any such nuisance and shall be held harmless from any damage caused by such abatement to the extent permitted by law.
(d) The Village shall collect the total costs of abating any nuisances declared under this section by certifying the total costs, together with a proper description of the lands, to the County Auditor who shall place the costs upon the tax list and duplicate.
(Ord. 706. Passed 7-1-09.)