In the event that the Code Enforcement Administrator determines that the violation of the property maintenance code is so egregious as to constitute a public nuisance as set forth in § 96.04 or § 96.05, the Code Enforcement Administrator shall proceed with action to abate the public nuisance as follows:
(A) Determination and notice by Code Enforcement Administrator. When the Code Enforcement Administrator makes a determination that premises within the municipality may constitute a nuisance or contain structural defects, he or she shall determine which such problems should properly lie within the purview of municipal ordinance and which within the purview of another authority, such as the Dayton-Montgomery County Combined General Health District. When a remedy, in the judgment of the Code Enforcement Administrator, is properly the immediate concern of the municipality, he or she shall cause a notice of violation to be sent to the owner of the property and those holding tenancy in the property. The notice shall specify the conditions which constitute a public nuisance, shall inform the property owners of their right to a public hearing before the Municipal Council, shall specify a public hearing date before the Council if nuisances are not abated within 14 days from the date of service of notice, and shall inform the property owners of what action will be taken by the municipality upon failure to abate the nuisance conditions.
(B) Requirement to abate nuisance. Failure of the property owner or tenant to abate the nuisance within 14 days of service of a notice of violation, or to have worked out a schedule, satisfactory to the municipality, for nuisance abatement or property repair, with sufficient surety to guarantee completion on schedule, may be cause for the Code Enforcement Administrator to seek a resolution by the Council that premises within the municipality are being maintained contrary to one or more provisions of this chapter.
(C) Abatement resolution by Council. A resolution may be adopted by Municipal Council, which shall specify nuisances or structural defects on given premises, and said resolution may require, within 30 days after resolution passage, correction of the situation or conditions constituting a public nuisance by persons having an interest in the specified property. This resolution shall also specify anticipated actions to be taken by the municipality in the absence of nuisance abatement. This Council resolution shall require a report from the Code Enforcement Administrator upon or after 30 days from passage, such report to summarize the actions taken thus far to abate specified nuisances. The resolution shall also solicit the property owner, tenant, or other interested persons to show cause at a subsequently specified public hearing at least 30 days hence, why additional action should not be taken to abate the nuisances specified.
(D) Service of Council resolution notice. A copy of the Council resolution specifying property nuisances shall be served upon the owner of the affected premises, and may be served upon the person, or entity in charge of, or in control of, such property whether as owner, lessee, agent, tenant, occupant or entity having charge of the affected premises, either in person, or by being mailed to or left at the usual place of residence of any such person or the principal office of any such entity. If such owner, lessee, agent, tenant, occupant or entity having charge of the land is a nonresident of the municipality whose address is known, such notice shall be sent by registered or certified mail. If no owner, lessee, agent, tenant, occupant or entity having charge of the land is present on such land at the time of the attempt to serve the written notice, or if the address of such owner is unknown, or if the registered or certified mail is not delivered, it is sufficient to publish the notice once in a newspaper of general circulation in the municipality. A copy of the Council resolution shall be posted on the premises if the property is unoccupied.
(E) Public hearing. At the time of public hearing established at least 30 days hence by the Council resolution described by division (C) above, the Council shall hear the testimony of all competent persons desiring to testify respecting conditions constituting a nuisance, including, at the option of the Council, cost estimate information for abatement and such other matters as may be pertinent. At the conclusion of the public hearing, and after consideration of the property status report prepared by the Code Enforcement Administrator, the Council shall, by resolution, declare the findings.
(F) Action by municipality in lieu of compliance.
(1) A resolution by Council specifying nuisances and seeking abatement will authorize action by the Municipal Manager, on behalf of the municipality, in the absence of compliance by those having an interest named.
(2) Action by the Municipal Manager, personally or through his or her agent, shall be in one of two ways:
(a) Through such legal or administrative channels as are deemed most appropriate; or
(b) Through use of either municipal or private labor to effect the necessary nuisance abatement.
(3) Immediate action by such municipal or private labor may be authorized by a Council resolution passed after:
(a) The public hearing called for by division (C) above;
(b) A report from the Code Enforcement Administrator; and
(c) The expiration of 30 days from passage of the resolution specified by division (C) above.
(4) The Council may grant any time schedule for nuisance abatement that it feels represents a reasonable response to existing conditions.
('80 Code, §98.09) (Ord. 84-17, passed 12-18-84; Am. Ord. 2004-19, passed 1-4-05; Am. Ord. 2019-02, passed 6-18-19)