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(a) If the nuisance is not abated within the required time, as determined by the Building Commissioner, the Building Commissioner may abate the nuisance. The abatement of a nuisance may be conducted utilizing labor and materials provided by the Service Department, other departments of the City, or by entering into a contract for abatement services in accordance with the ordinances and Charter of the City.
(b) If the Building Commissioner determines to take action to abate a nuisance the Building Commissioner shall, prior to the abatement, furnish to the owner of the real estate whereon the nuisance exists a statement of the estimated cost of abatement; following the abatement he shall provide to the owner a statement of the final cost as soon as the cost can be ascertained, and shall order the owner to pay the cost within such reasonable time as the Building Commissioner shall fix.
(c) Regardless of the estimated cost of abating a public nuisance as determined herein, the owner shall be responsible for payment to the City of the actual costs incurred by the City in 1) preparing to abate the nuisance if the City does not proceed with the abatement or 2) in preparing to abate and abating the nuisance, and 3) the City’s actual administrative costs, applied as a percentage of the total cost incurred by the City, as approved annually by the Director of Finance. Should the actual costs incurred in abating such nuisance be less than the estimate, and the owner has deposited with the City an amount equal to such estimated amount, the City shall refund to the owner the amount of the difference.
(d) The City may take such action as it deems necessary to collect the costs incurred by the City in preparing to abate and/or in abating the nuisance and administrative costs incurred, including the assessment of such costs on the real estate whereon the nuisance existed or the cause or source thereof was located.
(Ord. 17-07. Passed 2-21-17.)
(a) Where a violation of this chapter is found to exist, the Building Commissioner shall cause a written notice of the violation to be served upon the person or persons responsible for the correction thereof. The notice shall specify the violation committed and shall provide a reasonable period of time, not more than thirty days, to correct or abate the violation.
(b) Notice may be served personally or by prepaid telegram or certified mail addressed to the last known address of the person to be served or by leaving a copy thereof at the usual residence of the person to be served. If the last known address cannot be ascertained the notice shall be posted on the outside front entrance of the building.
(c) A written notice of a nuisance or order to abate shall be served on the owner, agent, lessee, or party in control of the property. The notice or order shall set forth the nature of the nuisance, a reasonable time determined by the Building Commissioner within which the person shall abate the nuisance, and the statement that unless the nuisance is abated within the stated time the City may prosecute the owner, agent, lessee or party in control for failure to comply with the order of the Building Commissioner, or may seek an order of a court requiring the abatement of the nuisance by such person.
(d) In addition to or in lieu of the procedure in subsection (c) hereof, the Building Commissioner may cause a written notice and order to be served on the owner or the agent of the owner of the property setting forth the nature of the nuisance, the estimate of the cost of abating the same if done by the City, directly or indirectly, a reasonable time determined by the Building Commissioner within which the owner shall abate the nuisance or pay the estimated cost to the City, and the statement that unless the nuisance is abated within the stated time it may be abated by the City and the cost of abatement assessed upon the real estate involved.
(e) A notice or order shall be served by delivering it personally, leaving it at the person’s usual place of business or residence, by posting it in a conspicuous place on the real estate involved, or by mailing it to the person, or notice may be published in a newspaper of general circulation within the City if it cannot be served in any of the other ways above mentioned.
(Ord. 1970-167. Passed 10-7-70; Ord. 17-07. Passed 2-21-17.)
Within ten days of the date of service of the notice described in Section 1464.11, any person affected by the notice may request a hearing thereon before the Board of Zoning Appeals by filing a written request with the Clerk of the Board. The Chairperson of the Board, upon receipt of the request, shall, within thirty days therefrom and upon five days notice to the party and the Building Commissioner, set the matter down for hearing. The Board may modify the action required to correct or abate the violation set forth in the notice and shall issue an order incorporating its determination.
(Ord. 1970-167. Passed 10-7-70.)
The authority to abate nuisances granted herein and the procedure set forth shall be in addition to and shall not limit the authority to abate nuisances granted in other ordinances, laws, or Constitution of the State of Ohio.
(Ord. 1970-167. Passed 10-7-70; Ord. 17-07. Passed 2-21-07.)
Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.