(a) Notice to Abate; Compliance. No person shall suffer, permit or allow to exist within the Village any act, thing or condition of a kind which has been or may hereafter be defined by ordinance as a public nuisance.
Whenever a public nuisance exists, the Mayor or the designee of the Mayor shall cause the owner, tenant or person in charge of such property upon which such public nuisance exists to be served with a notice to abate the public nuisance. Compliance shall be required within not less than three days after receipt of such notice. Such notice shall be personally served upon the owner, tenant or person in charge of the premises. If unable to serve personally the owner and the tenant or person in charge, such notice shall be posted in a conspicuous place in or about the premises affected by the notice and such notice shall be mailed to the person who did not receive personal service by certified U.S. Mail, return receipt requested, and regular U.S. Mail, evidenced by certificate of mailing, to his or her last known address. Such service shall be deemed received three days after posting or three days after mailing whichever is later. Service of such notice in the foregoing manner upon the owner's agent or upon the person in charge of the premises shall constitute service of notice upon the owner.
Whoever fails to comply with such notice shall be deemed guilty of a minor misdemeanor and each day of such noncompliance shall constitute a separate offense. A second offense for violation of this section within six (6) months is a misdemeanor of the fourth degree and each day of such noncompliance shall constitute a separate offense.
(b) Public Nuisance Defined. The following shall be deemed to constitute a public nuisance within the Village:
(1) Unsightly property. No real property owner shall permit their real property to become unclean, unsanitary, or dangerous to the health of inhabitants of surrounding property, or of the health of the general community. Violations of this section shall include but are not limited to allowing accumulation of litter or waste, allowing houses, buildings or other structures to remain in such a state of disrepair as to provide a habitat for vermin and other dangerous bacteria, animals or insects.
(2) The erection, continuance, use or maintenance of a building, structure or place for the exercise of a trade, employment or business, either upon public or private property, or the keeping or feeding of any animal which, by causing noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort or property of individuals or of the public;
(3) The storage of a motor vehicle unlicensed or three years old or older, extensively damaged, such damage including but not limited to, missing wheels, tires, motor or transmission, apparently inoperative and having a fair market value of one thousand five hundred dollars ($1500.00) or less upon public or private property for more than five days without being stored within an enclosed garage or obscured from public view. The notice required by subsection (a) herein shall also be posted in a conspicuous place upon the motor vehicle. The appropriate Village department or division directed by the Mayor or the designee of the Mayor to serve such notice shall be deemed to have permission to enter upon such premises to post the notice upon the motor vehicle. Posting of such notice upon the motor vehicle shall be deemed service upon the owner and the person having possession of the motor vehicle. Three days after service of notice as provided in subsection (a) above such motor vehicle shall be deemed to be stored without permission of the person having the right to possession of the property and "a nuisance motor vehicle" under this section, subject to being impounded as provided in South Amherst Codified Ordinances Section 303.08.
(4) The storage of garbage and/or offal, which means and includes all refuse and waste of animals, fish, fowl, fruit and vegetable matter or other accumulations in the use and preparation of food for the table, or which has been discarded and abandoned and is of no future use or value to the owner for domestic consumption, contrary to the rules and regulations of the Lorain County Department of Health;
(5) The suffering, permitting, allowing to remain or maintaining of rubbish, refuse or junk, which includes is not limited to wire, chips, shavings, bottles, broken glass, crockery, tin, cast or wooden ware, boxes, rags, weeds, paper, circulars, handbills, boots, shoes or ashes, or discarded or abandoned iceboxes, refrigerators, washing machines or other airtight or semi-airtight containers, or any other waste material upon public or private property contrary to these Codified Ordinances or regulations of the Lorain County Department of Health; and
(6) The maintenance or allowance of building materials upon public or private property constitutes a public nuisance if such building materials, which include all residue from building construction and new building materials, are not removed or utilized in construction within thirty days after such materials are placed upon a premises. However, if construction is initiated upon such premises and such building materials are to be used in the construction, then such building materials shall be allowed to remain upon such premises for a period of time not to exceed thirty days after the completion of the construction. For the purpose of the prevention of rodents and other unsanitary conditions, any storage of building materials or deposit of the same upon any property shall consist of building materials being placed at least six inches off the ground at any time.
(7) The accumulation of stockpiling of scrap tires on the open ground or in any container on public or private property by any person in violation of any Federal, State or local law, rule or regulation or Health Department order, rule or regulation.
(8) The storage, suffering, permitting, allowing to remain or maintaining of scrap tires on the open ground or in any type of container or vehicle or trailer on any public or private property; or the storage of scrap tires on or in public or private property in violation of any Federal, State or local law, rule or regulation; or in violation of any order or regulation of the Health Department Board of Health. The registered owner, lessee or any other person in control of any vehicle or trailer containing scrap tires shall be presumed to have allowed the existence of said nuisance.
(c) Enforcement. Whenever any public nuisance exists, upon his own action or at the request of Council, the Law Director may institute proceeds, either legal or equitable, that may be appropriate or necessary for the enforcement or abatement of the public nuisance. This section shall not relieve any person from criminal prosecution or punishment under these Codified Ordinances or any other criminal law enforced in the Village.
(d) Remedy of Village. If the owner of person having charge of any premises within the Village upon which exists a public nuisance fails to comply with any notice established herein or fails to prohibit the existence of such public nuisance, the Village has the authority to take whatever action is necessary to abate the public nuisance, including, but not limited to, entering upon any public or private property, and expending or furnishing labor and materials necessary to abate the public nuisance. All such expenses and costs shall be paid out of Village funds appropriated therefor, and the Village shall thereafter report such expenses to the County Auditor. Such amounts shall thereupon be entered upon the tax duplicate and be a lien upon such lands from and after the date of the entry thereon, and shall be collected as other taxes and returned to the Village when so collected. (Ord. 1748-22. Passed 10-10-22.)