1327.01 Nuisance prohibited; defined.
1327.02 Complaints; inspection of premises.
1327.03 Summary abatement.
1327.04 Non-summary abatement.
1327.05 Appeal procedure.
1327.06 Hearing procedure.
1327.07 Abatement by City; costs and assessment.
1327.08 Emergency abatement.
1327.09 Authority of City.
1327.10 Unlawful interference prohibited.
1327.11 Demolition and lien agreement; costs.
1327.12 Fire damaged structure.
1327.13 Administrative liability.
1327.14 Separability.
1327.99 Penalty.
CROSS REFERENCES
Solicitor - see CHTR., Art. VIII, 2.0
Removal of unsafe structures - see Ohio R.C. 715.26(B), 715.261
Power of Municipality to abate nuisance and prevent injury - see Ohio R.C.
715.44
Fire limits - see Ohio R.C. 737.28
Inspection of buildings for fire and safety - see Ohio R.C. 737.34
Nuisances - see Ohio R.C. 3767.01 et seq.
Prohibitions against nuisances - see Ohio R.C. 3767.13 et seq.
Police Department- see ADM. Ch. 137
Fire Department- see ADM. Ch. 139
Fire Chief to investigate buildings - see ADM. 139.07
Wrecking and razing buildings - see BLDG. Ch. 1325
No person or entity shall cause or permit a public nuisance to be or remain in or upon any building, premises or other place, of which that person or entity is the owner, lessee, tenant or occupant.
As used in this Chapter, "public nuisance" means a condition that exists when:
(a) Any building or structure is so out of repair and dilapidated that, if it were permitted to remain, would endanger the life, limb, or property of persons or property upon the public streets or public ways adjacent thereto by reason of the collapse of such building or structure or by the falling of objects therefrom; or
(b) Any tree, stack or other object standing upon property is in such condition that, if it were permitted to remain, would endanger the life, limb or property of persons or property upon the public streets or public ways adjacent thereto by the falling of objects therefrom; or
(c) Any excavation or cellar upon property is unguarded or remains in such condition that, if it were permitted to remain, would endanger the life, limb or property of persons or property upon the public streets or public ways adjacent thereto, by falling or being cast therein; or
(d) Any accumulation of earth, rubbish or other materials which attract and propagate vermin, rodents, or insects that endanger the public health; or
(e) Any building or structure is so out of repair that it constitutes a fire hazard because of its condition. For purposes of this subsection, a building that is vacant, unguarded or open at doors or windows, shall be deemed a fire hazard; or
(f) There is accumulation in any structure or on any property of rubbish or other materials in an amount and in a condition that constitutes a fire hazard by reason of the likelihood of its catching on or communicating fire; or
(g) The conduct of any activity on any property which by reason of noxious odors generated thereby, or of smoke, dust and dirt being cast therefrom, is harmful to the public health, welfare or safety, or materially interferes with the peaceful and lawful use, comfort and enjoyment of owners or occupants of a proximate property; or
(h) Any building, house or structure becomes so out of repair and dilapidated that, due to lack of adequate maintenance or neglect, it becomes unsafe for occupancy, endangers the public health, welfare, or safety of occupants, or causes such a condition of blight that it materially interferes with the peaceful enjoyment and lawful use of owners or occupants of a proximate property; or
(i) The conduct of any activity on any property generates loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others; or
(j) There is an accumulation of any dirt, filth, rubbish, garbage, waste, leaves or clippings, boxes, or any other matter of an unsightly or unsanitary nature, in such a manner that such matter could become dangerous to the public health, comfort and safety of others, that such matter could be blown into any street, alley, park, public ground, sidewalk, or property of another, or such matter could be deposited into any plumbing fixture that it may obstruct or render unwholesome any sanitary sewer or watercourse; or
(k) Any swimming pool, pond or similar structure remains unfenced by a fence not less than forty-eight inches in height, the openings to such enclosed areas to be supplied with gates suitable to locking, when failure to fence endangers the public health, welfare or safety of the citizens of the City; or
(l) Any condition exists which has been declared a public nuisance by common law or the Ohio Revised Code; or
(m) Any building, fence, wall, shed, house, swimming pool, structure of any part of any of the aforesaid; or any tree, pole or smoke stack; or any excavation, basement, cellar, sidewalk subspace, wharf or dock, which in its entirety or in any part thereof, by reason of the condition in which the same is permitted to be or remain, shall or may endanger the health, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, depreciation, damage, or injury to any one or more persons or to any other property in the City; or
(n) Any dangerous building or structure which, because of their condition, are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the City.
(Ord. 2014-19. Passed 5-12-14.)
(a) Whenever a complaint is made or visual inspection discloses to the Zoning Inspector of the existence of a public nuisance as defined in Section 1327.01, the Zoning Inspector shall promptly inspect or cause to be inspected the premises on which it is alleged such public nuisance exists. Should the Zoning Inspector find that a public nuisance does exist, the Fire Chief and the Wood County Commissioner of Health shall be promptly notified and such officials shall be requested to make inspection of said premises.
(b) Upon receipt of the notice required by subsection (a) hereof, the Fire Chief and the Wood County Health Commissioner shall inspect the premises and make a written report of their findings, which together with the report of the Zoning Inspector shall be filed with the City Administrator.
(c) Should the Fire Chief or the Wood County Health Commissioner concur in the finding of the Zoning Inspector that a public nuisance exists and that it should be abated, abatement of such nuisance shall proceed in accordance with the provisions of Section 1327.03 or 1327.04 below. (Ord. 2014-19. Passed 5-12-14.)
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