Should any one or more of the aforesaid officers of the City, after inspection of the premises where it is reported a public nuisance may exist, be of the opinion that a public nuisance does exist but that the nature thereof is not such as to require summary abatement, photographs and reports of their findings, the same as provided for in Section 1341.02, shall be made and filed with the Commissioner of Building and Zoning Inspection. In such cases, it shall further be the duty of the Commissioner to serve written notice on the person, persons, firm or corporation, who, from the records in the Treasurer's office of Lucas County appears to be the owner or owners of such property by serving the notice personally or by leaving a copy at the usual place of residence or business of the owner or address of such owner shown in the Treasurer's records, or by copy mailed to such owner at such place or address by United States certified mail return receipt. It is further understood that one notice specifying the violation(s) shall be sufficient notification for repeat offenders.
The notice shall state, in brief, the findings of any one or more of the aforesaid officers of the City with respect to the existence of a public nuisance, and further that unless the owner causes the abatement of the public nuisance within thirty days after the service of the notice, the same will be abated by the City at the expense of the owner. The owner may at any time after receipt of the notice make a request, in writing, or in person to the Commissioner, to be furnished with a written list of the items which are alleged to constitute the public nuisance and which are alleged to be in need of repair and/or replacement.
The owner may make immediate application in writing or in person to the Commissioner of Building and Zoning Inspection for a building permit to undertake the repair or replacement of items alleged to constitute the public nuisance. The Commissioner, upon being furnished by the owner with the complete plans and specifications covering the repairs or replacements, in conformity with the standards of the Building Code, shall upon approval of the plans and specifications cause a building permit to be issued to the owner. The Commissioner may grant more than thirty days to the owner in which to effect the repairs and/or replacements. It shall not be a defense to the determination that a public nuisance exists that the building is boarded up or otherwise enclosed.
The owner may, within fourteen days after receipt of the notice, make a demand in writing to the Commissioner of Building and Zoning Inspection for a hearing on the question of whether in fact a public nuisance exists and/or whether more than thirty days should be granted to the owner to abate the nuisance. The hearing shall be held within ten days following receipt of the written demand and at least two days notice of the hearing shall be given to the owner. The hearing shall be conducted by a hearing board composed of the Solicitor, the Director of Public Service and the Mayor, or in the event any of those officers are unable to attend, by someone from their respective departments delegated by them to act in their behalf. The hearing board may amend or modify the notice and/or order, or extend the time for compliance by the owner for parts of the abatement by such date or dates as a majority of the officers of the hearing board determines. A copy of the decision of the hearing officers shall be promptly served upon the owner in the manner provided for by Section 1341.02. The decision of the hearing board shall be final and conclusive, unless the owner files, within five days after the aforesaid decision is rendered, an action in or appeal to a court of competent jurisdiction; otherwise the same shall become final and conclusive at the termination of such action or appeal proceeding as determined by the hearing board.
(Ord. 077-2018. Passed 7-23-18.)