For purposes of this section, the following definitions shall apply:
(a) “Public nuisance” means any garage, shed, barn, house, building or structure which by reason of the condition in which it is permitted to remain, shall or may endanger the health, life, limb or property of any person, or cause any hurt, harm, damage, injury, or loss to any person in any one or more of the following ways, means or particulars:
(1) By reason of being dilapidated, decayed, unsafe or unsanitary; is detrimental to health, morals, safety, welfare and the well being of the City; endangers life or property or is conducive to ill health, delinquency and crime;
(2) By reason of fire hazard; or
(3) By reason of the conditions which require its continued vacancy, the public nuisance, and its surrounding grounds, are not reasonably or adequately maintained thereby causing deterioration and creating a blighting influence or condition on nearby properties and thereby depreciating the value, use and enjoyment of such properties to such an extent that it is harmful to the public health, welfare, morals, safety and economic stability of the area, community or neighborhood in which such public nuisance is located.
(b) “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 inspection, labor, materials or equipment, and costs of service of notice or publication required under this section. 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.
(c) “Owner” means the owner or owners of record as shown on the tax records of the Perry County Auditor’s Office and also includes any purchaser or purchasers buying under a land contract whether recorded or unrecorded in the records of Perry County.
(d) Procedure for Finding of Public Nuisance.
(1) Whenever the Mayor or City Administrator suspects the existence of a public nuisance as defined by subsection (a) hereof, or is advised by the Fire Department, Fire Inspection Officer, or learns from any other source of the apparent existence of such nuisance, (s)he shall promptly cause such suspected public nuisance to be inspected by the Fire and/or Health Inspection Officer. The Fire or Health Inspector may request the assistance of other City departments in the performance of the inspection, or may contract a person or firm to perform inspection of situations where the Fire or Health Inspector lack the expertise, (i.e., structural integrity, etc.). Following such inspection, should the Inspection Officer determine that there are reasonable grounds to believe that a public nuisance exists, he shall notify the Chairman of the Board of Nuisance Abatement and provide the Chairman a report of these inspections and findings.
(2) Upon receipt of this report, the Chairman of the Board of Nuisance Abatement shall cause a meeting to be held by the Board on the question of the probable existence of a public nuisance. If at least two members of the Board agree that a public nuisance (as defined in subsection (a) hereof) does exist, the Chairman shall cause a written order to be served on the owner of the subject property, in accordance with subsection (e) hereof, stating the findings of the Board with respect to the existence of a public nuisance. The order shall include: where abatement of the nuisance can be accomplished through repair or rehabilitation, a list of repair or rehabilitation specifications required to abate the public nuisance; and shall state that unless the owner of the subject property causes the abatement of the public nuisance by repair, rehabilitation or demolition, the same will be abated by the City at the expense of the owner. Such abatement by the owner shall start within thirty days after receipt of the order and shall be completed within ninety days or, where abatement is to be accomplished through repair or rehabilitation, such additional time as the Chairman of the Board or duly authorized representative may deem necessary to complete the abatement of the public nuisance.
(e) Notice of Hearing. The notice of hearing required under subsection (d)(2) hereof shall be served by mailing a copy to the owner, as defined in subsection (c), by United States certified mail with return receipt requested, by personally serving such owner or by leaving a copy at the usual place of residence of such owner. If service of the notice provided for in subsection (d) hereof is not perfected by any of the hereinbefore described methods, then the Board of Nuisance Abatement shall cause such motion to be published in a newspaper of general circulation in the City once each week for two consecutive weeks prior to the date of the hearing. However, such published order shall not include a list of the repair or rehabilitation specifications mentioned in subsection (d)(2) hereof.
(f) Appeal Procedure.
(1) The owner may, within ten days after service of the order of the findings of the Board of Nuisance Abatement as provided for in subsection (d) hereof, that the subject property does constitute a public nuisance, make a demand in writing to the Board for an appeal on the question of whether in fact a public nuisance as defined in subsection (a) hereof does exist.
(2) The owner of the property in question, or his duly authorized representative or agent, shall be notified of the date, time and place of the appeal hearing in accordance with the provisions of subsection (d) hereof, and shall be given an opportunity of appearing in person or through a duly authorized representative or agent, at such hearing and of presenting such evidence as may be pertinent to the question of the existence of the public nuisance.
(3) The appeal shall be considered by the Nuisance Appeal Board. After reviewing all of the inspection reports, and any pertinent evidence presented by the owner, or his duly authorized representative, two members shall concur that a public nuisance, as defined in subsection (a) hereof does exist before enforcement of the abatement provisions of this chapter are carried out. A copy of the decision of the Nuisance Abatement Appeal Board shall be promptly served upon the owner in the manner provided for in subsection (e) hereof.
(g) Abatement of Nuisance or Demolition of Structure by Board of Nuisance Abatement.
(1) Provided thirty days notice is given in accordance with Ohio R.C. 715.26(B) should any nuisance not be abated by the owner at the expiration of the time stated in the orders of the Board of Nuisance Abatement, or such additional time as the Nuisance Abatement Appeals Board may grant, the Board of Nuisance Abatement shall be authorized, at any time thereafter, to cause entry upon such premises and the owner shall permit such entry to abate the nuisance by demolition and removal of the structure, or by boarding all windows, exterior doors and other openings to secure the structure and by removal of litter and cutting of rank growth that may be present.
(2) In abating such nuisance, the Board of Nuisance Abatement shall obtain the abatement thereof by private contract and the costs of such private contract shall be paid for from City funds, or from funds provided to the City by the federal and/or state government, which are specifically authorized by the Council in order to abate the nuisance as provided for in subsection (g)(1) hereof. The City may also elect to abate the nuisance by using its own employees and materials. The costs of such abatement shall be recovered from the owner in the following manner:
A. The owner shall be billed for the cost of the abatement by mailing such bill to the owner, by United States certified mail with return receipt requested, or by personally serving the owner with a copy of such bill or by leaving a copy of such bill at the usual place of residence of such owner. If service of such bill is not perfected by either of the hereinbefore-described methods, then the billing notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks.
B. If the owner shall fail to pay for costs of such abatement within sixty days after receipt of the bill, after delivery to his usual place of residence, or after the publication of the second notice in the aforesaid newspaper, the City shall cause the cost of abatement to be levied as an assessment, and recovered in accordance with authority granted by Ohio R.C. 715.26.
(h) Remedies Not Exclusive. This section shall not be deemed to be a limitation or restriction on the authority of any department, division, official or employee of the City, but shall be deemed to be an enlargement of any authority existing by virtue of the statutes of Ohio or any ordinance heretofore enacted by Council.
(Ord. 02-13. Passed 10-21-02.)