1284.99 PUBLIC NUISANCE PROHIBITED; PENALTY; CASH BOND.
   (a)   No person shall cause, permit, allow, maintain or fail to abate a public nuisance on his or her property.
   (b)   No person shall refuse, fail or neglect to obey and/or abide with an order issued by the City Zoning Inspector, or his or her designated representative, pursuant to this chapter or any provision in the Northwood Codified Ordinances.
   (c)   Whoever refuses fails or neglects to obey and/or abide with an order issued by the City Administrator, Zoning Inspector or their designated representatives, pursuant to the Northwood Codified Ordinances, shall be penalized as follows:
      (1)   If the offender has not been convicted of a violation of this chapter within two (2) years of the date of the violation, the offender shall be guilty of a misdemeanor of the third degree. The offender shall also be liable for the cost of removing materials placed or found on public property in violation of this Chapter.
      (2)   If the offender has been previously convicted of a violation of this chapter within two (2) years of the date of the violation, the offender shall be guilty of a misdemeanor of the first degree regardless of the location of the property resulting in the violation.
      (3)   The Court may, in addition to any other penalty imposed, order the offender to correct all existing Code violations and/or order the offender to occupy the property which is the subject of any violation for a designated period of time.
         A.    If the Court orders the offender to occupy the property which is the subject of any violation, such occupancy or confinement shall be electronically monitored as provided for in Ohio Revised Code Section 2929.23.
   (d)   The City may petition the Perrysburg Municipal Court, or any other court of competent jurisdiction, to order the owner of property on which a public nuisance is found to:
      (1)   Abate the nuisance; and/or
      (2)   Post with the Court a cash bond totaling the estimated abatement costs after a preliminary hearing on the matter. The cash bond shall be paid to the City if the City abates the public nuisance, or returned to the owner of the property on which the public nuisance is found if the owner abates the public nuisance.
   (e)   Any person who transfers his or her property to another after the property has been declared a public nuisance without first abating the nuisance is guilty of a misdemeanor of the first degree and shall be liable for any and all costs incurred by the City in abating the nuisance.
   (f)   Whoever violates Chapter 1284 by causing, permitting, allowing, maintaining, or failing to abate a public nuisance, and has been issued a warning notice with a minimum forty-eight (48) hour compliance date and, after receipt of such warning does not comply shall be issued a citation, is guilty of a minor misdemeanor and shall be fined twenty-five dollars ($25.00) plus applicable court costs. Each day's violation shall constitute a separate offense. Prior to the issuance of a citation under this section the person issuing the citation shall, in the case of a non-owner occupied property, determine if the offense is attributable to the actions of the owner or the tenant and shall issue the citation accordingly.
(Ord. 2004-14. Passed 9-9-04.)