(a) Any person who fails to remove and abate any nuisance after proper notice, the opportunity to be heard, and final order shall be liable to the City for all expenses incurred in the removal and abatement of the nuisance. The City shall have its right of action to recover such costs, and a lien on the property may be imposed to secure payment of such costs.
(b) Collection of Costs of Abating Property.
(1) As used in this division, total cost means any costs incurred due to the use of employees, materials, or equipment of the City, any costs arising out of contracts for labor, materials, or equipment, and costs of service of notice or publication required under this chapter or other law.
(2) The City may collect the total cost of removing, repairing, or securing insecure, unsafe, structurally defective, abandoned, deserted, or open and vacant buildings or other structures, of making emergency corrections of hazardous conditions, or of abating any nuisance by any of the following methods:
A. The Council shall make a written return utilizing the services of the City Finance Director which may certify to the County Auditor of the City’s action under this chapter, the total costs, together with a proper description of lands. The County Auditor who shall place the costs upon the tax duplicate. The costs are a lien upon such lands from and after the date of entry. These amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands from and after the date of entry and be collected as other taxes and returned to the City’s General Fund; or
B. The City may also recover through a separate civil proceeding.
(c) Injunction for Failure to Comply with Abatement Order. An injunction may be granted for failure to comply with any order of abatement. Further, no person shall erect, alter, repair or maintain any residential building, office, mercantile building, workshop or factory, including a public or private garage, or other structure, within the City unless all ordinances and resolutions enacted pursuant to Ohio R.C. 715.26 to 715.29, inclusive, are fully complied with. In the event any building or structure is being erected, constructed, altered, repaired or maintained in violation of such ordinances, resolutions or codes, or there is imminent threat of violation, the City or the owner of any contiguous or neighboring property who would be especially damaged by such violation, in addition to any other remedies provided by law, may institute a suit for injunction to prevent or terminate such violation.
(d) Appropriation of Property to Rehabilitate; Demolition or Sale.
(1) In order to rehabilitate a building or structure that the City has determined to be a threat to the public health, safety or welfare, that has been declared a nuisance under Ohio R.C. Chapter 3707, 3709 or 3781, and that either has been found to be insecure, unsafe, structurally defective, unhealthful, or unsanitary under Ohio R.C. 715.26 through 715.30, or violated a building code or ordinance adopted under Ohio R.C. 731.231, the City may appropriate, in the manner provided by Ohio R.C. 163.01 through 163.22, any such building or structure and the real property of which it is a part. The City shall rehabilitate the building or structure or cause it to be rehabilitated within two (2) years after the appropriation so that the building or structure is no longer a public nuisance, insecure, unsafe, structurally defective, unhealthful or unsanitary, or a threat to the public health, safety, or welfare, in violation of a building code or ordinance adopted under Ohio R.C. 731.231. Any building or structure appropriated pursuant to this division which is not rehabilitated within two (2) years shall be demolished.
(2) If, during the rehabilitation process, the City retains title to the building or structure and the real property of which it is a part, then within one hundred eighty (180) days after the rehabilitation is complete, the City shall appraise the rehabilitated building or structure and the real property of which it is a part, and shall sell the building or structure and property at public auction. The City shall advertise the public auction in a newspaper of general circulation in the City one (1) time a week for three (3) consecutive weeks prior to the date of sale. The City shall sell the building or structure and real property to the highest and best bidder. No property that the City acquires pursuant to this division shall be leased.
(Ord. 90-01. Passed 8-6-01.)