1335.02 PROCEDURE FOR FINDING OF PUBLIC NUISANCE; BOARD OF NUISANCE ABATEMENT.
   (a)   Whenever the Fire Chief suspects the existence of a public nuisance as defined in Section 1335.01(a), he shall promptly cause such suspected public nuisance to be inspected. Following such inspection, should the Fire Chief determine that there are reasonable grounds to believe that a public nuisance exists, he shall notify the Chairman of the Board of Nuisance Abatement, who shall cause a hearing to be held by the Board on the question of the existence of a public nuisance.
   (b)   The owner of the property in question or his duly authorized representative or agent, shall be notified of the date, time and place of such hearing in accordance with the provisions of Section 1335.03 and shall be given an opportunity of appearing in person or through a duly authorized representative or agent, at such hearing and of presenting such evidence as may be pertinent to the question of the possible existence of the public nuisance.
   (c)   A copy of the reports of the Fire Chief will be made available to the Board at the hearing.
   (d)   The Board of Nuisance Abatement shall be composed of the Mayor, the Fire Chief and the President of Council. The Mayor shall serve as Chairman of the Board.
   (e)   It shall be necessary to have a concurring vote of at least two members of the Board for a finding that a public nuisance as defined in Section 1335.01(a) does exist.
   (f)   The Board, following the hearing, shall cause a written order to be served on the owner of the subject property, in accordance with the provisions of Section 1335.03, stating the findings of the Board with respect to the existence of a public nuisance. If the Board finds that a public nuisance does exist, the order shall include: where abatement of the nuisance can be accomplished through repair or rehabilitation, a list of repair or rehabilitation specifications required to abate the public nuisance and shall state that unless the owner of subject property causes the abatement of the public nuisance by repair, rehabilitation or demolition, the same will be abated by the Municipality at the expense of the owner. Such abatement by the owner shall start within fifteen days after receipt of the order and shall be completed within forty-five days or, where abatement is to be accomplished through repair and rehabilitation, such additional time as the Fire Chief may deem necessary to complete the abatement of the public nuisance.
(Ord. 697. Passed 8-6-84.)