(a) Unoccupied or inoperative structures, and the lot upon which any such structure is located, as well as unoccupied lots, shall be maintained in accordance with the provisions of this chapter. Any such lot shall be provided with grass or other appropriate ground cover or landscaping materials to assure absorption of rainfall and prevent erosion and rapid runoff of surface water. The owner shall cut and maintain all grass or other ground cover and remove all rubbish and weeds from the premises per provisions of this code.
(b) Inventory materials and portable storage containers including licensed trailers for both raw stock and finished goods, drums, pallets, gondolas, racks, trash and scrap containers, etc. used in normal business operations shall be removed from the exterior of any business that has ceased operations within ninety days of cessation of normal business activity. The parking of motor vehicles or trailers for periods in excess of five days upon said premises shall be prohibited.
(c) If any structure or use shall become unoccupied or inoperative and not maintained according to provisions of this chapter for a period more than three hundred sixty five (365) days, it shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and shall be abated at the owner's expense. Extension to this provision up to a maximum of two (2) total years including the first 365 days of such condition shall be made where property owner can provide documentation of reasonable and customary effort to sell, rent or lease said property.
(d) Whenever the Building Code Official and/or his/her designee shall find any structure to be unoccupied and inoperative nuisance, notice shall be given in the same manner as service of summons in civil cases or by certified mail addressed to the owner of record of the premises at his last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods, to abate such unoccupied or inoperative nuisance condition within thirty (30) days either by placing the structure in operation in accordance with this Section, adapting and using the structure for another use permitted by the Zoning District or by razing the structure, removing all concrete and/or asphalt surfaces, removing all debris, any signs, goods, supplies and equipment, and filling depressions to the grade level of the lot, provided, however, that if the structure is in use at the time notice is given and remaining in operation for ninety (90) consecutive days, the provisions of this Section shall not apply.
(e) The Building Code Official and/or his/her designee shall order the owner of any premises upon which is located any structure, which in the Building Code Official and/or his/her designee's judgment is so old, dilapidated or has become so out or repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or use, and such that it is unreasonable to repair such structure, to demolish and remove such structure, or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option, or where there has been a cessation of normal construction or repair of any structure for a period of two (2) years, to demolish and remove such structure. Upon the failure, neglect or refusal of any owner to comply with the notice to abate such structure, the Building Code official and/or his/her designee shaI1 advise the Village Solicitor of all the facts and the Village Solicitor shall proceed to exercise on behalf of the Village any remedy which shall then be available to it to secure an abatement of such unoccupied or inoperative nuisance, including, but not limited to, any remedy that pertains to the abatement of a public nuisance including demolition, and to recover any damages or enforce or file and/or collect any special assessments which may be recovered or imposed at the instance of the Village, including all damages reasonable under Ohio R.C. 715.26 and 715.261.
(f) The owner of any unoccupied or inoperative structure and/or unoccupied lot who has received notification from any public health agency including but not limited to the respective county health department and/or the State of Ohio or United States Environmental Protection Agencies indicating a public health hazard and/or hazardous waste hazard exists on such property must continue mitigation as directed by the public agency even after operations cease until such time as the public agency agrees the problem has been remediated to their satisfaction. The owner of such property shall provide certified copies to the Building Code Official indicating the remediation is complete and has met all requirements of the respective public agency.
(Ord. 444-02-07. Passed 2-20-07.)