634.03   DECLARATION OF PUBLIC NUISANCE, ORDER AND AUTHORITY TO ABATE.
   (a)   If the Director finds that a nuisance condition exists as defined in the City's Codified Ordinances, or otherwise by ordinance passed by Council, on any property, the Director may issue a notice declaring the existence of such nuisance, and may order the abatement of the nuisance or proceed to abate the nuisance.
   (b)   In addition to the authority granted in subsection (a) of this section, if the Director finds that a property or a structure, by reason of deterioration of materials, lack of repair or maintenance, is or will become a hazard to the health, safety or welfare of its occupants or the public or is or will become a blighting or deteriorating factor in the neighborhood, or will impair or adversely affect the value of neighboring property, the Director may declare such property or structure to be a nuisance, issue a notice declaring the existence of such nuisance, and order the abatement of the nuisance or proceed to abate the nuisance.
   (c)   An occupied dwelling structure, which is determined by the Director to be in violation of Chapter 1363 of Parma Heights Codified Ordinances, is hereby declared to be a public nuisance.
   (d)   The existence of grass, weeds or other landscaping conditions that violate the provisions of Section 678.01 shall be considered a nuisance. If a warning notice is sent to a property owner, as provided in this chapter, in any calendar year, either before or after such a nuisance is found to exist on a property, the Director may cause any such nuisance found during that calendar year to be abated or removed by the City as conditions may require, without further notice or warning.
   (e)   Additional conditions that constitute a nuisance include, but are not limited to;
      (1)   Any building, house or structure that is caused or allowed to become so out of repair and dilapidated that, in the condition it is permitted to be and remain, it will, if such condition is permitted to continue, endanger the life, limb or property of, or cause hurt, damage or injury to persons or property upon the streets or other public ways of the City adjoining such lot of land, by reason of the collapse of such building, house or structure or by the falling of parts thereof or of objects therefrom;
      (2)   Any tree, stack or other object that is caused or allowed to remain standing upon such lot of land in such condition that it will, if such condition is permitted to continue, endanger the life, limb or property of, or cause hurt, damage or injury to persons or property upon the streets or other public ways adjacent thereto, by the falling thereof or of parts thereof;
      (3)   An excavation or cellar on any such lot of land that is caused or allowed to be unguarded or remain in such a condition that it will, if such condition is permitted to continue, endanger the life, limb or property of, or cause hurt, damage or injury to persons or property upon the streets or other public ways adjacent thereto, by falling or being cast therein;
      (4)   There is caused or allowed an accumulation on any lot of land or in any building, house or structure, of earth, rubbish or other materials which will, if such condition is permitted to continue, attract and propagate vermin or insects, endangering the public health;
      (5)   Any building, house or structure that is caused or allowed to become so out of repair and dilapidated that it constitutes a fire hazard liable to catch on fire or communicate fire because of its condition and lack of repair;
      (6)   There is caused or allowed the accumulation on any lot of land or in any building, house or structure, of rubbish or other materials in an amount and in a condition that the same constitutes a fire hazard by reason of the likelihood of its catching on fire or communicating fire;
      (7)   There is caused or allowed the conduct of any business thereon or therein which, by reason of noxious odors generated thereby, or of smoke, dust and dirt being cast therefrom, endangers or is harmful to the public health, welfare or safety, or materially interferes with the peaceful and lawful use, comfort and enjoyment of a proximate or adjacent lot of land or structure thereon by the owners or occupants thereof;
      (8)   Any building, house or structure that is caused or allowed to become so out of repair and dilapidated that, due to lack of adequate maintenance or neglect, it endangers the public health, welfare or safety, or materially interferes with the peaceful enjoyment of adjacent property by the owners or occupants thereof;
      (9)   There is caused or allowed any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others;
      (10)   There is caused or allowed any placing, throwing or sweeping into any street, avenue, alley, park or public ground of any dirt, paper, nails, pieces of glass or board, fruit parings or skins, garbage, waste, leaves, clippings, ashes, cans, bottles, cartons, boxes, furniture, oil, parts of automobiles or any other matter of an unsightly or unsanitary nature, or the placing, throwing or sweeping of such matter upon any sidewalk or street crossing, or on any driveway, or upon the floor, stairway or hallway of any public building, theater, railway depot or railway platform or upon the property of another;
      (11)   There is caused or allowed any accumulation of paper, fruit parings or skins, garbage, waste, ashes, cartons, boxes or any other matter of an unsightly or unsanitary nature in such manner that such matter could be blown upon any street, avenue, alley, park, public ground or sidewalk or upon the property of another; or
      (12)   There is caused or allowed any obstruction or impediment to the flow of water in a swale or drainage ditch which was placed on the property of the owner during the development or improvement of said property by the owner or his or her predecessor in title, and said obstruction or impediment causes flooding to other property owners or otherwise endangers the comfort, repose, health, peace or safety of others.
   (f)   If the Director determines to take action to abate the nuisances as described in this section, the Director shall furnish the owner of the real estate from which the nuisance originates with a statement of the estimated cost of abating the same prior to the abatement, and 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 Director shall fix. The Director shall collect such costs as set forth in this chapter. The City may assess the real estate at any time after the City incurs the costs of preparing to abate and/or abating the nuisance.
(Ord. 2017-11. Passed 5-22-17.)