(a) Any public nuisance not abated within the time specified in the notice-order provided by the Manager or his designated representative, or within any additional time provided by the Nuisance Appeal Board, may be abated by the Village pursuant to the notice-order issued by the Manager or his designated representative.
(b) The Manager of his designated representative is authorized to enter a structure or premises at reasonable times to inspect or perform the duties imposed by the code provided that credentials are presented to the owner, or occupant and the entry is required and permitted by the owner or occupant. If permission to enter is withheld or no one is present, entry is denied, or the Manager or his designated representatives have probable cause to believe that there exists in a structure or upon a premises a condition which is a serious hazard, the Manager or his designated representative shall have recourse to the remedies provided by law to secure entry.
(c) Lien holders, as documented in the Mahoning County Auditor's or Recorder's office, shall be notified in writing of the public nuisance status of the subject property prior to the abatement of the nuisance unless immediate abatement of the nuisance is needed because the structure presents an immediate hazard or danger to the health, safety, or welfare of an individual or the community.
(d) The owner where a public nuisance is found shall pay any and all costs incurred by the Village in abating the public nuisance including all costs incurred by the Village in identifying and investigating the nuisance and all legal fees for the recovery of the nuisance abatement costs. If the owner of the property fails or refuses to pay the abatement costs the costs may be assed as a lien against the property and/or recouped via any other feasible method by the Village provided by the Revised Code.
(e) The Manager or his designated representative, is authorized to salvage any items, materials or property seized or derived from abatement of the nuisance and sell such at private or public sale at the best price obtainable and apply the proceeds to any costs incurred from abating the nuisance at the subject property, or may recycle the material in such a manner as to reduce the cost of the abatement to the property owner including the cost of fees for legal disposal.
(f) It shall not be a defense to the determination that a public nuisance, as defined in Section 1317.01(a) exists, that the building, premises or location is boarded up or otherwise enclosed. (Ord. 22-2020. Passed 5-11-20.)