(A) In the event that it is determined that the property is an immediate threat to the public safety and welfare, the village may apply to the court for such interim relief, as is deemed by the Chief of Police to be appropriate. In such an event, the notification provision set forth in § 91.24 need not be complied with; however, the village shall make a diligent effort to notify the person in charge prior to a court hearing.
(B) In the event that the court finds the property constitutes a CHRONIC NUISANCE PROPERTY as defined in this subchapter, the court may order the remedy set out in division (A) above. In addition, in the event that it also finds the person in charge had knowledge of activities or conditions of the property constituting or violating this chapter and permitted the activities to occur, the court may assess a civil fine as provided above.
(C) The court may authorize the village to physically secure the property against use or occupancy in the event the owner fails to do so within the time specified by the court. In the event that the village is authorized to secure the property, all costs reasonably incurred by the village to effect a closure shall be made and assessed as a lien against the property. If used herein, COSTS mean those costs actually incurred by the village for the physical securing of the property, as well as tenant relocation costs.
(D) The Village Public Works Department effecting the closure shall prepare a statement of cost and the village shall thereafter submit said statement to the court for its review. If no objection of the statement is made within the period described by the court, a lien in said amount may be recorded against said property.
(E) Any person who is assigned the cost of closure and/or civil penalty by the court shall be personally liable for the payment thereof by the village.
(F) (1) A tenant is entitled to their reasonable relocation costs, as those are determined by the court, if, without actual notice, the tenant moved into the property, after either:
(a) The owner or tenant received notice as described herein of the Police Chief’s determination as described above; or
(b) Unknown owner or other agent received notice of an action brought pursuant to this section.
(2) Any person who is assessed with costs of closure and/or civil penalty by the court shall be personally liable for the payment thereof to the village.
(Prior Code, § 7-2A-7) (Ord. passed 4-8-2002) Penalty, see § 91.99