(A) Should the Village Administrator or designee, or the Fire Chief, find that a public nuisance as defined in § 92.02 exists, the Village Administrator or a designee shall cause photographs of such nuisance to be made. The Village Administrator or designee shall then determine from the records of the Lucas or Fulton County Auditor’s Office any owner, mortgagee, lienholder, tenant, or person that possesses an interest of record in the property and immediately send a standard notice of violation pursuant to division (D) below. The Village Administrator or designee may also send the standard notice of violation to the lessee, tenant or occupant of the premises.
(B) The standard notice of violation shall:
(1) Describe with reasonable certainty the premises determined to be a public nuisance;
(2) Describe the conditions constituting the public nuisance;
(3) Specify that the owner or lessee, tenant or occupant has seven calendar days in which to take one of the actions described in division (C) below;
(4) State whether the Village Administrator or designee, or the Fire Chief, finds the public nuisance to constitute an emergency;
(5) Describe the remediation necessary to abate the public nuisance, which may include repair, rehabilitation and/or vacation of the premises; and
(6) Specify the actions to be taken by the village pursuant to this chapter upon failure of an owner or lessee, tenant or occupant to take one of the actions described in division (C) below within the seven-day time limitation.
(C) Standard notice of violation.
(1) In cases in which demolition is not required for abatement, an owner shall have seven calendar days from receipt of the notice of violation to take one of the following actions:
(a) Fully and completely abate the public nuisance;
(b) Work out a schedule, satisfactory to the Village Administrator or designee, for the nuisance abatement, with sufficient surety acceptable to the village to guarantee completion on schedule; or
(c) Appeal the determination of the Village Administrator or designee of the existence of a public nuisance and/or the remedy required to the Board of Zoning Appeals by filing a written notice of appeal with the Village Administrator or designee.
(2) If an owner appeals the standard notice of violation to the Board of Zoning Appeals in accordance with this division, the Board shall affirm, reverse, or modify the determinations made by the Village Administrator or designee. For purposes of this subsection, “sufficient surety acceptable to the village to guarantee completion on schedule” affords the village the sole discretion to select the necessary surety, which may include but not be limited to a cash bond or letter of credit.
(D) The standard notice of violation may be served by any of the following methods:
(1) Hand delivery;
(2) Posting a notice of violation on the subject premises;
(3) Sending certified and ordinary U.S. Mail, addressed to the usual place of residence of the persons entitled to receive the notices of violation, as indicated by current tax records of the Fulton or Lucas County Treasurer’s Office or the real property records of the Fulton or Lucas County Recorder’s Office.
(E) If an owner, lessee, tenant or occupant fails to appeal a standard notice of violation within seven calendar days of receipt of the standard notice of violation, and fails to take one of the other steps described in division (C) above, the Village Administrator or designee is authorized to take immediate action to abate the nuisance. Action by the Village Administrator or designee, shall be through such legal or administrative channels as are deemed most appropriate or through use of either village or private labor to effect the necessary nuisance abatement.
(Ord. 2018-14, passed 5-14-2018)