CHAPTER 1701
General Provisions
1701.01   Definitions.
1701.02   Board of Nuisance Abatement.
1701.03   Procedure for finding a public nuisance.
1701.04   Service of notice.
1701.05   Right to make immediate repairs.
1701.06   Appeal.
1701.07   Appeal to court.
1701.08   Abatement of a public nuisance by the Board of Nuisance Abatement.
1701.01 DEFINITIONS.
   For purposes of this Code, the following definitions shall apply:
   (a)   "Public nuisance." Any lot, parcel, garage, shed, barn, house, building or structure or part thereof shall be deemed to be a public nuisance if by reason of the condition in which it is permitted to be or remain, it shall or may endanger the health, life, limb or property of any person or persons, or cause any hurt, harm, damage, injury or loss to any persons in any one (1) or more of the following ways, means or particulars:
      (1)   By reason of being dilapidated, decayed, unsafe or unsanitary, it is detrimental to health, morals, safety, public welfare and the well-being of the community, endangers life or property, or is conductive to ill health, delinquency and crime.
      (2)   By reason of being a fire hazard.
      (3)   By reason that the conditions of the public nuisance 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 it is harmful to the public health, welfare, morals, safety and the economic stability of the area, community or neighborhood in which such a public nuisance is located.
   (b)   "Owner" means the owner or owners of record on the tax records of the County Auditor's office and shall also include any purchaser or purchasers who are buying under a land contract which is recorded in either the miscellaneous records or the mortgage records of Franklin, Licking or Fairfield Counties.
   (c)   "Director" means the Director of Public Service of the City.
   (d)   "Building Official" means the Building Official, a Code Officer or other designee of the City.
(Ord. 21-16. Passed 3-28-16.)
1701.02 BOARD OF NUISANCE ABATEMENT.
   (a)   The Board of Nuisance Abatement shall be selected from a list which includes all members of the Board of Zoning Appeals and all members of the Planning Commission. The chairman of the Board of Nuisance Abatement shall be appointed by the Mayor from this list for a term of one (1) calendar year. Upon appointment, the chairman shall then select four (4) members from the list, two (2) each from the Board of Zoning Appeals and the Planning Commission, for a term of one (1) calendar year on the Board.
   (b)   It shall be necessary to have a concurring vote of at least three (3) members of the Board for a finding that a public nuisance exists as defined in Section 1701.01.
(Ord. 21-16. Passed 3-28-16.)
1701.03 PROCEDURE FOR FINDING A PUBLIC NUISANCE.
   (a)   Whenever the Director suspects the existence of a public nuisance as defined by Section 1701.01 hereof, in the City, they shall promptly cause such suspected public nuisance to be inspected by the Building Official and may request an inspection and report from the Fire District and the Board of Health. The Director shall also cause photographs to be taken of the subject property to depict the property condition. Following these inspections and the receipt of any reports by the inspecting entities within thirty (30) days of the initial request for such inspections, should the Director determine that there are reasonable grounds to believe that a public nuisance exists, they shall notify the chairman of the Board of Nuisance Abatement, who shall cause a hearing to be held by the Board of Nuisance Abatement on the question of the existence of a public nuisance. All reports of inspections, made at the request and/or direction of the Director, the inspection report of the Building Official and the photographs of the property shall be made available to the Board of Nuisance Abatement at the subject hearing.
   (b)   The owner of the property in question or their duly authorized representative or agent shall be notified of the date, time and place of such hearing in accordance with the provisions of Section 1701.04 and shall be given an opportunity of appearing, in person or through a duly authorized representative or agent or legal counsel, at such hearing and of presenting evidence as may be pertinent to the question of the possible existence of the public nuisance.
   (c)   The Board of Nuisance Abatement, 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 1701.04, stating the findings of such Board with respect to the existence of a public nuisance and the manner in which abatement is to be accomplished. 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; where the abatement of the nuisance cannot, in the finding of the Board be accomplished through repair and rehabilitation, an order that the nuisance be abated by demolition and removal of the structure; and shall state that unless the owner of subject property causes the abatement of the public nuisance by repair, rehabilitation or demolition, the same shall be abated by the City at the expense of the owner. Such abatement by the owner shall start within fourteen (14) days after receipt of the order and shall be completed within sixty (60) days or where abatement is to be accomplished through repair or rehabilitation, such additional time as the Director may deem reasonable and necessary to complete the abatement of the public nuisance.
(Ord. 21-16. Passed 3-28-16.)
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