(a) At such time as the Village Manager becomes aware of a violation of Section 1305.02 and deems it appropriate, he shall give written notice (hereinafter referred to as the “Notice”) to the owner of record or to the occupants of the real estate if they are not the owners thereof.
(b) The Notice shall specifically state the basis for finding the particular real estate as a public nuisance and shall state the date by which the nuisance must be abated. The Manager shall determine such date based upon the particular facts and circumstances of the nuisance.
(c) If the Notice alleges that the particular real estate is a public nuisance because of the presence of an unregistered motor vehicle, proof that a motor vehicle is missing a license plate or has an expired license plate or is parked in such a manner that either the front license plate or rear license plate is obscured such that it cannot be viewed from a reasonable place off the subject premises ( and proof that such condition existed for a period in excess of ten consecutive days) shall be sufficient to prove the offense. It is an affirmative defense to a charge under this section that the particular motor vehicle during the time period in question was lawfully registered and lawfully license plated in the State of Ohio or in another state.
(d) If the notice of a public nuisance alleges that the particular real estate is a public nuisance because of the presence of a motor vehicle in an inoperative condition or because such motor vehicle is an unregistered motor vehicle, evidence that it was viewed on at least five days including the first day and the eleventh or later day and that at the times of such viewing there was no visible material change in the vehicle shall constitute a rebuttable presumption that the motor vehicle was inoperative and/or unregistered for a period in excess of ten consecutive days.
(Ord. 1033. Passed 10-9-95.)
(e) Service of the notice shall be made as determined by the Manager, which service may be by personal service by an officer or employee of the Village, by certified mail, return receipt requested, or by posting on the premises. For violations of Section 1305.02(a), the Village Manager or the Village Manager’s designated agent is only required to serve one notice per calendar year. If, after a notice has been served in accordance with this Section, the Village Manager or the Village Manger’s designated agent determines that a subsequent violation has occurred within the same calendar year, the Village may proceed with the remedies under Section 1305.99 without further notice. (Ord. 2094. Passed 4-13-09.)
(f) The Village Manager may designate one or more Village officers or employees to assist in carrying out the provisions of this section. Such person or persons shall be designated by in a writing which shall be filed in the office of the Village Finance Director. The designated person or persons shall have the same authority as the Village Manager in carrying out the provisions of this section. A certified copy of the writing shall be prima facie evidence of the person’s authority.
(Ord. 2009. Passed 4-12-04.)
(Ord. 2009. Passed 4-12-04.)