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(a) Notice of Violation.
(1) Whenever the Director, or her or his designee, determines there are reasonable grounds to believe that there exists a condition that violates any provisions or requirements set forth in this chapter, the Director may issues a notice setting forth the alleged violations and advising the owner or person having a charge that such violations must be corrected.
(2) Content of notice of violation.
A. All notices of violation, except emergency orders, shall be in writing and shall be served on the owner, operator, occupant, or any person from whom action, forbearance, or compliance is required.
B. All notices of violation shall identify the sections of this chapter and the International Property Maintenance Code to which the order applies.
C. All notices of violation shall provide a description of the property, dwelling, dwelling unit, multiple dwelling, business building or premises where the violations are alleged to exist or to have been committed; and/ or a description of the public nuisance and the premises where the said public nuisance is alleged to exist. Such description may include, but is not limited to, the address where the violation exists.
D. All notices of violation shall specify a reasonable time for compliance with the order. Such reasonable time may vary depending upon the nature of the violation.
E. All notices of violation shall advise the owner or person having charge of the right to appeal to the Board of Zoning and Building Appeals within fourteen (14) days of receipt of the notice of violation.
F. All notices of violation shall advise the owner or person having charge that if the order is not complied with by the specified date of compliance the Director may initiate a civil and/or criminal complaint against the owner or person having charge; and/or the Director may, by city personnel or private contractor, cause the violations to be corrected with the cost of such correction to be charged as a lien upon the real estate.
(3) Service of notice of violation. A notice of violation shall be served upon the owner, operator, occupant, or any person from whom action, forbearance, or compliance is required. Such notice shall be served by any one (1) of the following methods:
A. Personal service; or
B. Certified mail; or
C. Residence service; or
D. If the methods prescribed by divisions (a)(3)A. to C. of this section are ineffective, service may be effectuated by publication in a newspaper of general circulation in the City; or
E. If service pursuant to division (a)(3)B. of this section is returned marked as having been refused or unclaimed, service may be effectuated by regular mail service to an address that is reasonably believed to be:
1. A place of residence of the owner, or
2. A location at which the owner regularly receives mail; or
F. Posting the notice of violation on the property, except that if a structure or premise is vacant, then the notice shall be posted on the structure or premise and one (1) of the above methods of service shall also be used.
G. For any owner, operator, or occupant that is a business registered with the Ohio Secretary of State, service may, in addition to the above, be effectuated by Certified Mail service on the statutory agent of the business.
(4) When the notice of violation has been properly serviced, the order shall be effective as to anyone having any interest in the premises whether recorded or not at the time the order was issued and shall be effective against any subsequent owner of the premises as long as the violation exists and there remains a City record of the order in a public file maintained by the Director.
(5) Written or oral acknowledgment by the owner of a receipt of a notice of violation shall be evidence that the owner received the notice of violation. An appeal of the notice of violation to the Board of Zoning and Building Appeals by the owner pursuant shall constitute evidence of written acknowledgment by the owner of service of notice of violation.
(b) Emergencies.
(1) Whenever the Director finds that an emergency exists which requires immediate action to protect the health and safety of any person, he or she may issue an oral or written order reciting the existence of such an emergency and requiring that such action as he or she deems necessary to be taken to meet the emergency. Notwithstanding the other provisions of this code, such order shall be effective immediately and complied with immediately.
(2) If necessary to protect the health and safety of any person where an emergency exists in an occupied building, the Director shall order that the premises be vacated forthwith and further that it shall not be reoccupied until the conditions causing the emergency to exist have been abated and approved by the Director.
(3) In cases where it reasonably appears that there is imminent danger to the health and safety of any person unless the emergency condition is immediately corrected and if after reasonable attempts to notify the owner it appears that the owner will not or cannot immediately correct the condition, the Director may cause the immediate abatement, including building demolition, of such emergency condition. The Director shall further cause the cost of such abatement to be charged against the land on which the building exists as a municipal lien or to be recovered in a civil suit against the owner.
(Ord. 68-2020. Passed 9-28-20.)
(a) In addition to any other remedy or penalty provided in this section, any owner of property who fails to comply with a notice of violation issued under this chapter by the date specified in the notice shall incur a civil penalty of one thousand dollars ($1,000) for each calendar day thereafter that an owner, operator, or occupant fails to comply with the notice of violation.
(b) The Director shall provide notice to the owner prior to the assessment of a civil penalty. Such notice shall state the date on which the assessment of a civil penalty will commence and shall be served on the owner as provided in Section 1711.03(a)(3).
(c) The Director must document the non-compliance for each day for which a civil penalty is to be assessed against an owner under this section. Such documentation may include periodic, but not necessarily daily, photographic evidence of noncompliance demonstrating the continued existence of the condition of the premises for which the notice of violation was issued.
(d) The Director shall also document that prior to the issuance of the notice of civil penalty that the Director personally conferred or attempted to confer with the owner of the premises in an effort to establish a reasonable period of time for the owner to comply.
(e) The Director may file a civil action in a court of competent jurisdiction seeking a court order to recover any accumulated civil penalties.
(f) Any accumulation of civil penalties under this section shall be stayed pending an appeal of the notice of violation issued under this chapter to the Board of Zoning and Building Appeals until the Board of Zoning and Building Appeals issues its decision on the appeal.
(g) This section shall not apply to any residential property that is occupied by the owner of the property unless such property contains multiple residential units that are marketed for rent.
(h) This section shall apply to any condominium association organized under R.C. Chapter 5311 as the owner and/or operator of common areas under the control of the condominium association.
(Ord. 68-2020. Passed 9-28-20.)
(a) Any owner, operator, or occupant of a premises found in violation of this chapter who fails to comply with the written notice of violation as provided in this chapter is guilty of an unclassified misdemeanor, which is punishable by a fine of up to one thousand dollars ($1,000) each calendar day the offender fails to comply with the notice of violation. It shall not be necessary for a separate complaint to be filed for each calendar day such violation persists.
(b) On a second or subsequent offense occurring within two (2) years of a prior offense, any owner, operator, or occupant of a premises found in violation of this chapter who fails to comply with the written notice provided in Section 107 is guilty of an unclassified misdemeanor punishable by up to sixty (60) days in jail and a fine of up to one thousand dollars ($1,000) each calendar day the offender fails to comply with the notice of violation.
(c) Strict liability is intended to be imposed for any violation of this chapter.
(d) In addition to any criminal penalties a court may impose on an owner, an owner who fails to comply with a notice of violation shall incur a civil forfeiture of two hundred dollars ($200.00) for each calendar day that an owner fails to comply. The Director may file a civil action styled "Complaint for Civil Forfeiture" in a court of competent jurisdiction. For violations occurring in Franklin County, such action shall be commenced in the Franklin County Municipal Court, Environmental Division.
(e) Nothing in this section shall be construed to prohibit the Director from pursuing the enforcement of any provision of Title 11 and Chapter 1701 of the Codified Ordinances of the City of Reynoldsburg.
(Ord. 68-2020. Passed 9-28-20.)
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