(a) Unless otherwise specifically provided, whenever an alleged nuisance comes to the attention of the office of the Building Inspector, Zoning Administrator, Nuisance Officer, Police Chief, Fire Chief, Fire Inspector, Health Officer, or other person designated by the City Manager, hereinafter collectively referred to as “Inspector”of the existence of a public nuisance as defined in this chapter, he or she shall promptly inspect or cause to be inspected the premises on which it is alleged a public nuisance exists. Should the Inspector, after such inspection find that a public nuisance does exist, he or she shall promptly notify the owner in the manner prescribed in division (c) of this section to abate the nuisance, setting forth a reasonable time period to accomplish the same (two days for abating nuisances involving: litter, weeds, grass, plants, other rank growths of vegetation or the like, and fifteen days for all other nuisances, except that a shorter period may be established jointly by the City Manager and Inspector in cases where there exists an immediate threat of physical harm to person or property; further a longer time period may be established jointly by the City Manager and the Inspector when the magnitude of the abatement requires the same).
(b) The Inspector shall cause a written report concerning the nuisance to be filed with the City Manager along with any photographs thereof stating his or her findings.
(c) Except as otherwise provided in division (e) of this section, notice shall be deemed to be properly served if a copy thereof is:
(1) Delivered to the owner of the premises personally; or
(2) Sent by certified mail or registered mail addressed to the owner at the last known address as found on the tax duplicate issued by the Henry County, Ohio Treasurer when real property is involved and the Henry County, Ohio Clerk of Courts, Title Department, when motor vehicles are involved, with return receipt requested.
If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place on, in or about the property, structure, or thing affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the property, structure, or other thing that is the subject of the nuisance shall constitute service of notice upon the owner. When the nuisance abatement action involves the removal or destruction of a titled motor vehicle or buildings, notice shall also be served in the same manner as the owner on persons having a recorded interest therein; moreover, when the removal or destruction of a building is involved, publication shall be made one (1) time each week for two (2) consecutive weeks in a newspaper of general circulation in the County.
(d) Notice to abate shall be in substantially the following form:
Notice to Abate Nuisance
The City of Napoleon to
You are hereby notified that the nuisance as defined in Rule/Law/Ordinance/Resolution maintained, operated or permitted to exist by you at (address) , consisting of must be abated by (removal) (destruction) (discontinuance) of the same and that if this notice is not complied with within days of service of this notice, you are directed to appear before the undersigned in Room at City Hall located at on (date and hour) and to show cause why the same shall not be abated and that upon your failure to so appear the undersigned will take necessary steps to abate such nuisance. You may be subject to civil fines. The cost of abatement incurred by the City shall be assessed against you, and a lien may be imposed on the property to secure such payment. If the abatement concerns a motor vehicle or other personal property, you are advised that it may be sold or disposed of in order to abate and/or to cover the cost of abatement.
Special Notice to Responsible Party or Person Having a Recorded Interest:
You are notified that an abatement has been initiated involving real or personal property of which you have a recorded interest; therefore, to protect your interest therein you may appear at the above noted hearing.
Dated this day of .
/s/
(Title of Signer)
A copy of the foregoing notice was served on on the day of , .
(manner of service)
/s/
(Person serving)
(e) Notwithstanding any other notice requirement, notice by posting on, in or about the premises which is alleged to be the subject of the nuisance substantially in the form as found in subsection (d) hereof, or the mere one (1) time publication of the nuisance notice substantially in the form as found in subsection (d) hereof in a local newspaper of general circulation in the County shall likewise constitute sufficient notice when the nuisance to be abated consists of litter, weeds, other rank growths of vegetation, plants, grass or the like.
(f) At the time and place specified in the notice, the City Manager shall hear the matter. The rules of evidence shall not apply. The owner of the premises which is alleged to be the subject of the nuisance shall have the right to appear in person or by counsel. At the conclusion of the hearing, the City Manager may vacate the action, declare such condition to be a nuisance and order it abated (summarily when nonappearance by the owner or his or her representative without further notice) or, may abate the same in accordance with the statutes of this State then in force. Service of the order is deemed completed when the order is either delivered in person to the owner or representative, or by posting the order in a conspicuous place on, in or about the property, structure or thing affected by such notice with mailing of the same by regular U.S. mail to the last known address of the owner.
(g) It shall be unlawful for the owner of the premises who has received an abatement order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of the premises to another until the provisions of the abatement order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any abatement order or notice of violation and shall furnish to the Inspector a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such abatement order or notice of violation and fully accepting the responsibility without condition for abating the nuisance required by such abatement order or notice of violation.
(h) Civil Fine. In addition to any other penalty under this Chapter 503, there may be imposed by the City Manager, upon the person that is the named party in the abatement action under this Chapter 503, a civil fine in an amount not to exceed $750.00 upon the finding by the City Manager during the administrative hearing held in accordance with subsection (f) that a nuisance exists.
(Ord. 052-10. Passed 7-19-10.)
(Ord. 052-10. Passed 7-19-10.)