The following procedures shall apply to the abatement of a Nuisance as defined by Section 1313.01(a)(3) or (4):
(a) The Mayor or designee, upon finding that a Nuisance as defined by Section 1313.01(a)(3) or (4) exists, may cause written notice and an order to abate to be served upon the Responsible Party.
(b) This notice and order shall set forth:
(1) The nature of the Nuisance
(2) An order to abate the Nuisance and a statement of the act or acts to be taken to abate it;
(3) The estimate of the cost of abating the same if done by the Village;
(4) A reasonable time, of at least fourteen (14) calendar days, within which the owner shall abate the Nuisance or pay the estimated cost to the Village;
(5) A statement explaining the procedures of the appeal process, as set forth in Section 1313.10 herein;
(6) A statement that failure to abate the Nuisance as ordered, pay the estimated cost, or timely appeal will result in the charge being certified to the County Auditor for collection as other taxes and assessments are collected;
(7) A statement, as applicable, that, upon failure of the Responsible Party to abate the Nuisance, the Village may issue an order to raze or demolish the property or structure, or an order to revoke a Certificate of Occupancy, subject to the requirements of subsection (c) herein.
(c) Such notice and order to abate may be issued without reporting same to Council unless the Mayor determines that razing a building or structure and/or the revocation of a Certificate of Occupancy is the best method to abate the Nuisance. In such cases, Council shall first declare said property or use of property a Nuisance prior to the issuance of an order to raze or an order to revoke in accordance with Section 1313.03 herein.
(d) If said Nuisance is not abated in the manner and/or timeframe established by the notice and order to abate or if the notice and order is not timely appealed, the Mayor or designee has the authority to abate the Nuisance. Within thirty (30) calendar days of the work being performed, the Village shall serve the Responsible Party an order to pay costs, which shall include a statement of the amount of costs incurred and an explanation of the appeals process set forth in Section 1335.10 herein. The order shall additionally state that failure to pay within thirty (30) calendar days or timely appeal will result in the charge being certified to the County Auditor for collection as other taxes and assessments are collected.
(e) If within thirty (30) calendar days after the mailing of the order, the cost is neither paid nor timely appealed, it may be certified to the County Auditor for collection as other taxes and assessments are collected or the Village may seek recovery of such costs by civil action against the property owner involved. An Affidavit of Facts shall be filed if the Village has razed a building or structure or if more than one thousand dollars ($1,000.00) has been expended by the Village in abating the Nuisance. (Ord. 21-123. Passed 8-12-21.)