(a) This section is to address motor vehicles as a public nuisance. “Motor vehicles”, as eluded to in this section, means any vehicle with two or more wheels which is self-propelled.
To qualify as a public nuisance, the vehicle must be an unlicensed and/or derelict motor vehicle(s) on private residential or vacant property as defined below.
(b) Definitions. For the purpose of this section, the following definitions shall apply:
(1) “Unlicensed motor vehicle” means any motor vehicle which has no license plate or expired license plates.
(2) “Derelict motor vehicle” means a motor vehicle with one or more of the following conditions: flat tire(s), missing parts (tires, rims, motor, transmission, fender(s), door(s), etc.), or the vehicle is apparently inoperable.
(3) “Private residential property” means private property on which is located one or more structures that are used as a home, residence, or sleeping place by one or more persons.
(4) “Vacant property” means privately owned property which is void of any structure(s), or property with structure(s) which do not qualify as private residential property.
(5) “Total costs” means all costs incurred due to the use of employees, materials, or equipment, and costs of service of notice or publication required under this section. The City may also collect the total cost of removing, storing and disposing of vehicles found by the Board of Nuisance Abatement to be a public nuisance as defined in this section.
(6) “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 who are buying under a land contract whether recorded or unrecorded in the records of Perry County.
(c) On City Streets, Alleys or Other City Property. All complaints received concerning motor vehicles on City streets, alleys or other City property will be forwarded to the City Police Department.
(d) Procedure for Finding of Public Nuisance.
(1) Whenever the Mayor or City Administrator suspects the existence of a public nuisance as defined in this section, 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 City Police Department. Following such inspection, should the inspecting officer determine that there are reasonable grounds to believe that a public nuisance exists, (s)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 of the existence of a public nuisance. If at least two members of the Board agree that a public nuisance (as defined in this section) does exists, the Chairman shall cause a written order to be served on the owner of the subject property in accordance with Section 1331.01
(e), stating the findings of the Board with respect to the existence of a public nuisance. The order shall include the action necessary to abate the nuisance and shall state that unless the owner of the subject property causes the abatement of the public nuisance, the same will be abated by the City at the expense of the owner. Such abatement by the owner shall start within ten work days after receipt of the order and shall be completed within fifteen work days.
(e) 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 a public nuisance does exist may 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 Section 1331.01
(e), 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 must concur that a public nuisance as alleged does exist before enforcement of the abatement provisions provided 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)(2) hereof.
(f) Abatement of Nuisance.
(1) 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.
(g) Remedies Not Exclusive. This section shall not be deemed to be a limitation or restriction of 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. 03-01. Passed 1-8-03.)