(a) Notice to Abate. Upon determining that a public nuisance exists on a property, the Code Enforcement Officer shall cause written notice to be served upon the owner(s), in accordance with this Section. The notice shall state that unless such nuisance is so abated or removed, the cost thereof will be charged to the owner, occupant or person causing, permitting or maintaining the nuisance and such cost shall be a lien on the real property where the nuisance was abated or removed. Such notice shall also state that the failure of such owner, occupant or person to abate the nuisance as required by such notice shall be deemed an implied consent for the Village to abate or remove such nuisance. Such implied consent shall be deemed to form a contract between such owner, occupant or person and the Village. If the public nuisance does not constitute a great and immediate danger to the public health, safety or welfare, the Code Enforcement Officer or designee may serve the owner or occupant of such premises or the person in whose name such real estate was last billed for property tax purposes a notice to demand the abatement or removal of the violation within a reasonable amount of time as determined by the Code Enforcement Officer. Service may be had by certified mail or personal service; or by posting the notice on the property and mailing a copy of the notice by first class mail. In the notice provided under this Section the Code Enforcement Officer shall inform the person responsible that committing another violation of the same or similar nature of any provisions of this code within a year of the date of the original notice, the Village will proceed with the prosecution of said violation without further notification. The notice to abate shall contain a statement as to the right to request an opinion.
(b) Request for Opinion. The person upon whom a notice to abate a nuisance is served, the property owner, lessee, agent, tenant or person having charge or care of the subject land may request an opinion from the Planning and Zoning Commission as to the determination of nuisance. The written appeal must be made within ten (10) days of receipt of the notice. The Planning and Zoning Commission may extend the time in which the nuisance must be abated; determine that a nuisance does not or no longer exists; or that the nuisance must be abated within the time period set out in the notice or immediately if the period set out in the notice has run, provided, however, that if the nuisance was determined to be an emergency and that the opportunity for an appeal was not available due to the short period of time to abate the nuisance, an appeal may be heard after the abatement of the nuisance by the Village. In that event, the Planning and Zoning Commission may determine that the appellant is not liable for the costs, or that, upon good cause shown, the appellant is not liable for the costs, that a lien shall not be filed by the Village upon the property.
(c) Procedure When Owner Fails to Comply. The Code Enforcement Officer may determine that the public nuisance for which a notice has been issued under Section 1363.05 hereof constitutes a public nuisance pursuant to Section 1363.02 and that the person having charge or care of the land has failed to comply with the notice within the time specified in the notice. The Code Enforcement Officer or his designee may cause the abatement of such public nuisance by use of Village force and equipment or by the hiring of private contractors. The reasonable cost thereof shall be a lien on the real property where the nuisance was abated or removed less any monies accruing to the Village from disposal of abated nuisances.
(d) Statement of Cost. Upon completion of abatement of the nuisance, the Code Enforcement Officer shall determine the cost of abatement and shall cause a statement thereof to be mailed to the owner of the land. Such statement of costs shall include:
(1) Village equipment charge;
(2) Village equipment operator charge;
(3) Equipment transportation charge;
(4) Administration and supervision charge;
(5) Removal charge;
(6) Contractual charges.
(e) Payment of Cost. The owner shall pay such costs as are charged in accordance with this section to the Village within thirty (30) days after the statement of charges has been mailed to the owner at the address of record in the office of the County Auditor. Such payments shall be credited to the appropriation from which such cost was paid by the Village. If the charge is not paid within thirty (30) days after mailing, the Director of Finance shall certify the charges for services as provided in subsection (c) hereof to the County Auditor, together with a proper description of the premises. Such amounts shall be entered upon the tax duplication, shall be a lien upon such lands from the date of the entry, and shall be collected as other taxes and returned to the Village with the General Fund pursuant to Ohio R.C. 731.54.
(Ord. 35-10. Passed 11-8-10.)