(a) "Abate" or "Abatement": shall mean any individual technique or combination of techniques, the implementation of which may result in elimination, remediation, or mitigation of a nuisance such that the premises is compliant with all applicable requirements of this Code and any other applicable housing, building, and fire codes.
When a public nuisance has been determined to exist hereunder, it shall not be deemed abated until all such use constituting a nuisance is terminated.
(b) "Chief Code Official": shall mean the Moraine Building and Zoning Inspector or his/her designee.
(c) "Commercial structure": shall mean a structure used for non-residential purposes.
(d) "Enforcement authority": shall mean any City official charged or deputized with enforcing this Code.
(e) "Nuisance report": shall mean a report made by the Chief Code Official describing the determination of each nuisance existing on the premises.
(f) "Nuisance structure": shall mean any fence, wall, garage, shed, house, building, structure, pole, smokestack, or any excavation, basement, cellar, well, cistern, or sidewalk subspace or part thereof deemed a public nuisance, if by reason of the condition in which same is permitted to be or remain, endangers health, life, limb, or property, or causes any hurt, harm, inconvenience, damage, or injury to any one or more persons in the City in any one or more of the following particulars:
(1) By reason of being a fire hazard as evidenced by a finding that one or more conditions described in Chapter 1501 of the Moraine Codified Ordinances and/or a finding that one or more violations of the Ohio Fire Code exist upon the premises;
(2) By reason of being vacant and/or abandoned and having one or more conditions which violates a provision of any of the Building or Housing Codes of Part Thirteen of the Moraine Codified Ordinances.
(g) "Public nuisance": shall mean any nuisance structure as defined under the Moraine Codified Ordinances. Additionally, the following conditions or defects upon any premises shall be deemed a public nuisance when they endanger the health, safety, welfare, life, or limb of the public, or cause any hurt, harm, inconvenience, damage, or injury to any person by reason of any one or more of the following conditions in which such premises is permitted to be or remain:
(1) Whenever a lot, yard, fence, wall, deck, shed, garage, carport, building, structure, sign, tree, pole, excavation, hole, pit, basement, cellar, wall, cistern, truck dock, sidewalk, or any portion of the aforesaid because of poor maintenance, accumulation of litter, or improperly stored vehicles become a danger to the public or a deteriorating or blighting influence on nearby properties, or is a detriment to the general health or safety of the community;
(2) Whenever a structure is determined to be a fire hazard;
(3) Whenever a structure is damaged by fire, wind, earthquake, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and no longer meets the minimum structural load requirements of the Moraine Building Code for new buildings of similar structure, purpose, or location;
(4) Whenever a structure is likely to cause sickness or disease because of inadequate maintenance, light, air, or sanitary facilities;
(5) Whenever a structure is determined to be unsafe, unsanitary, or unfit for human occupancy or use;
(6) Whenever a structure by reason of continued vacancy results in lack of reasonable or adequate maintenance thereby causing deterioration of the property and creating a blighting influence by depreciating the enjoyment and use of properties in the immediate vicinity to such an extent that it is harmful to the community in which such structure is situated;
(7) Whenever a structure is dilapidated or deteriorated to such an extent that it becomes an attractive nuisance to children, or harborage for vagrants or illegal activities or because of its condition enables persons to resort thereto for the purpose of committing unlawful or immoral acts;
(8) Whenever a structure is in danger of collapse or partial collapse due to faulty construction or the removal, movement, or instability of any portion of the structure or ground necessary for the purpose of supporting such building, or any cause;
(9) Whenever a structure is in danger of any portion, member, or appurtenance thereof, due to insufficient strength or stability, or is so poorly anchored, attached, or fastened in place that it is incapable of resisting applied loads of that specified in the Moraine Building Code for new buildings of similar design and is likely to fall or to become detached or dislodged or to collapse for any reason and thereby injure persons or damage property;
(10) Whenever any portion of a structure remains on a site after the partial demolition or destruction of such structure and is left incomplete or abandoned for a period in excess of six (6) months so as to constitute an attractive nuisance or hazard to the general public;
(11) Whenever a nuisance on or in a structure, lot, or premises has been abated by the City by securing the structure on more than two (2) occasions or mowing on more than three (3) occasions within a twelve (12) month period;
(12) Whenever a structure constitutes a serious hazard to the health or safety of the occupants or the general public because of its location, general conditions, state of the premises or overcrowding;
(13) Whenever a structure meets that which is defined as a public nuisance in OhioR.C. 3767.41, which are incorporated herein by reference and made a part hereof;
(14) Whenever an inoperable, junk, or unregistered vehicle is found on any premises or lot abandoned in the open without the needed protection, care, or maintenance.
(h) "Owner or Owner(s)": shall mean the owner or owners of the premises, contract buyer, mortgagee, or vendee in possession, or other person, firm, corporation, or entity in control of a building, or their duly authorized agent(s).
(i) "Premises": shall mean a property, lot, parcel, tract, plot of land, or sum total of the previous, containing all principal and accessory structures thereon.
(j) "Persons or Responsible Person": shall mean any person or persons, including, but not limited to, a firm, corporation, or other entity, who use, occupy, establish or conduct a public nuisance or aid or abet therein. (Ord. 2098-21. Passed 9-9-21.)