(a) Definitions. For purposes of this section, the following definitions shall apply:
(1) "Owner" means the owner or owners of record as shown on the tax records of the Summit County Fiscal Office, and also includes any purchaser or purchasers who are buying under a land contract which is recorded in the records of Summit County.
(2) "Public nuisance" means any garage, shed, barn, house, building or other structure, which, by reason of the condition in which it is permitted to be or 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:
A. By reason of being dilapidated, decayed, unsafe or unsanitary, it is detrimental to the health, morals, safety, public welfare and well-being of the City, endangers life or property or is conducive to ill health, delinquency and crime;
B. It is a fire hazard; or
C. By reason of the conditions which require its continued vacancy, the structure 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 the structure and its surrounding properties are harmful to the public health, welfare, morals and safety and the economic stability of the area, community or neighborhood in which such structure is located.
(b) Determination of Public Nuisance by Administrative Officer.
(1) Whenever the Administrative Officer, or the Administrative Officer's designee, suspects the existence of a public nuisance at a property as defined in paragraph (a)(2) hereof, he or she shall promptly cause such suspected public nuisance to be inspected by the Code Enforcement Officer. Following such inspection, the Administrative Officer, or the Administrative Officer's designee, shall determine whether a public nuisance exists at the subject property.
(2) The Administrative Officer, or the Administrative Officer's designee, may hire a certified building official to inspect the property to assist in determining whether the subject property is a public nuisance.
(3) If the Administrative Officer, or the Administrative Officer's designee, determines that a public nuisance exists at the subject property, he or she shall cause a written order declaring the property a public nuisance to be served on the owner of the subject property, in accordance with the provisions in paragraph (c)(1) hereof, stating his or her findings with respect to the existence of a public nuisance. The order shall include: where abatement of the nuisance can be accomplished through repair and rehabilitation, a list of repair or rehabilitation specifications required to abate the public nuisance, otherwise, the notice shall require abatement through demolition; and a statement 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 fifteen days after receipt of the notice order and shall be completed within forty-five days or, where abatement is to be accomplished through repair or rehabilitation, such additional time as the Administrative Officer, or the Administrative Officer's designee, may deem necessary to complete the abatement of the public nuisance.
(c) Service of Order. An order declaring a property a public nuisance and issued pursuant to paragraph (b)(3) hereof shall be served by mailing a copy to the owner, as defined in paragraph (a)(1) hereof, by United States certified mail with return receipt requested, by commercial carrier service with signed receipt confirmation, by personally serving such owner or by leaving a copy at the usual place of residence of such owner. If service of the order cannot be perfected by any of the hereinbefore described methods, then the Administrative Officer, or the Administrative Officer's designee, shall cause such order to be published in a newspaper of general circulation in the City once each week for two consecutive weeks. However, such a published order shall not include a list of the repair or rehabilitation specifications mentioned in paragraph (b)(3) hereof.
(d) Appeals to Board of Zoning and Building Appeals from Decision of Administrative
Officer.
(1) The Board of Zoning and Building Appeals shall be and act as the appeal board for any appeals from the determination of the Administrative Officer, or the Administrative Officer's designee, regarding whether the subject property is a public nuisance and, using this section as a basis, shall have the power to confirm, reverse or modify any order of the Administrative Officer, or the Administrative Officer's designee, appealed to it. The Board of Zoning and Building Appeals may, in a proper case for good cause shown, grant an extension of time for repairs to be made not to exceed six months.
(2) The owner may, within twenty days after service of the order of findings of the Administrative Officer, or the Administrative Officer's designee, as provided for in paragraph (b)(3) hereof, that the subject property does constitute a public nuisance, make a demand in writing to the Board of Zoning and Building Appeals for an appeal on the question of whether in fact a public nuisance, as defined in paragraph (a)(2) hereof, does exist.
(3) The owner of the subject property, or his or her duly authorized representative or agent, shall be notified of the date, time and place of the appeal hearing in accordance with the provisions set forth in subsection (c) hereof, and shall be given an opportunity to appear in person, or through a duly authorized representative or agent, at such hearing, and present such evidence as may be pertinent to the question of the existence of the public nuisance.
(4) The Board of Zoning and Building Appeals, after reviewing all of the inspection reports, and any pertinent evidence presented by the owner, or his or her duly authorized representative, shall determine whether a public nuisance, as defined in paragraph (a)(2) hereof, does exist before enforcement of the abatement provisions of this section is carried out. A copy of the decision of the Board of Zoning and Building Appeals shall be promptly served upon the owner in the manner provided for in subsection (c) hereof.
(e) Abatement of Nuisance or Demolition of Structure by City.
(1) Provided that thirty days' notice is given in accordance with the service requirements of subsection (c) hereof, should any public nuisance not be abated by the owner at the expiration of the time stated in the order of the Administrative Officer, or the Administrative Officer's designee, or such additional time as the Board of Zoning and Building Appeals may grant, the Administrative Officer, or the Administrative Officer's designee, shall be authorized, at any time thereafter, to cause entry upon such premises and the owner shall permit such entry to abate the public nuisance by demolition and removal of the structure.
(2) In abating such public nuisance, the Administrative Officer, or the Administrative Officer's designee, shall obtain the abatement thereof by private contract and the costs of such private contract shall be paid for from City funds. The cost of such abatement action 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 request; by commercial carrier service with signed receipt confirmation; 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 the owner. If service of such bill is not perfected by any 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 fails to pay for the cost of such abatement within sixty days after receipt of the bill, after its delivery to his or her usual place of residence or after the publication of the second notice in the aforesaid newspaper, the City shall cause the cost of the abatement to be certified to the Summit County Fiscal Officer and levied as an assessment against the property and recovered.
(f) 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.
(g) Removal of Weeds or Tall Grass.
(1) The owner, occupant or person having the charge or management of any lot or parcel of land situated in a platted and improved subdivision within the City, whether the same be vacant or occupied, within five days of written or oral notice to do so, shall cut or destroy, or cause to be cut or destroyed, any noxious or poisonous weeds or tall grasses growing upon such lot or parcel of land, and prevent the same from blooming or going to seed, exceeding a height of eight inches, or spreading pollen which may be harmful to human health.
(2) If the owner, occupant or person having the charge or management of any lot or parcel of land in a platted and improved subdivision does not cut or destroy, or cause to be cut or destroyed, noxious weeds or tall grasses as provided herein, the Administrative Officer, or the Administrative Officer's designee, is authorized to cause to be cut or destroyed such noxious weeds or tall grasses.
(3) When any such noxious weeds or tall grasses are cut or destroyed by the City, as provided herein, then after such work is performed, the City shall give five days' notice by regular mail to the owner, occupant or person having the charge or management of such lot or parcel of land, at his or her known address, to pay the cost of such cutting or destroying of noxious weeds or tall grasses, which notice shall be accompanied by a statement of the amount of cost incurred. If the same is not paid within thirty days after the mailing of the notice, such amount may be certified to the Summit County Fiscal Officer for collection as other taxes and assessments are collected or the City may seek recovery of such costs by civil action against the property owner involved.
(4) When it is deemed necessary to cut and destroy weeds or tall grasses on private property, in accordance with the provisions of this section, the owner shall be charged at the rate of seventy-five dollars ($75.00) per hour or portion thereof, or the actual cost of such work, whichever is the larger. The minimum charge therefor shall be seventy-five dollars ($75.00).
(Ord. 23-2021. Passed 3-8-21.)