(A) General. A minor nuisance exists when a property is in violation of any of the regulations in §§ 93.01, 93.22, 93.23 and 93.24 of this code, unless the condition of the property has deteriorated to such a condition that enforcement under §§ 93.17, 93.18 or 93.19 are determined to be more appropriate.
(B) Notice. Whenever the Community Development Director has determined a violation of the property maintenance standards set forth in §§ 93.01, 93.22, 93.23 and 93.24 of this code exists, and such conditions, as they exist endanger public health, welfare, or safety, or materially interfere with the peaceful enjoyment of the occupants of such property or the owners or occupants of adjacent property, the Community Development Director shall post a "Notice of Abatement" in a conspicuous place in or about the structure affected by such notice. The notice shall be in the form prescribed in § 93.15(B).
(C) Abatement. Upon failure of the owner to correct the minor nuisance within the time specified in the order, the Community Development Director or designated agent shall cause the minor nuisance to be abated through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
(D) Cost of abatement. Costs incurred in the performance of minor nuisance abatement shall be paid by the city. The Director of Law of the city shall take action to put a lien on the property consistent with Ohio law where the unsafe structure is or was located for the recovery of such costs. The costs may include all labor, equipment or other materials to correct or remove such nuisance, the fees of the officer serving the notices, the cost of public notice of any appeal hearings, and an administrative fee equal to 3% of the cost to remove and abate such nuisance, but such administrative fee shall not exceed $100 nor be less than $25.
(E) Appeal. Any person ordered who receives a "Notice of Abatement" may appeal to the City Manager within three days from the date of notice from the Community Development Director. The City Manager may modify or reverse the decision of the Community Development Director or may refer the appeal to the Board of Zoning Appeals for a hearing. Upon referral of an appeal from the City Manager, the person ordered to take emergency measures shall be afforded an appeal hearing by the Board of Zoning Appeals, as described in § 93.20.
(Ord. 15-2008, passed 10-1-08)