(A) Should the Village Administrator or designee, or the Fire Chief, find that a public nuisance as defined in § 92.02 exists, and that abatement by demolition may be required, the Village Administrator or a designee shall cause photographs of such nuisance to be made. As otherwise permitted in the village’s ordinances or the Ohio Revised Code, the Village Administrator or designee shall have the express authority to engage any engineers or consultants to evaluate the need for demolition in a particular case. The Village Administrator or a designee shall then determine from the records of the Lucas County 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 demolition notice of violation to the owner and, as applicable, to the lessee, tenant or occupant of the premises, as provided in division (C) below.
(B) Contents of a demolition notice of violation.
(1) The demolition notice of violation shall:
(a) Describe with reasonable particularity the premises deemed to be a public nuisance;
(b) Describe the conditions constituting the public nuisance;
(c) Specify that an owner has 30 calendar days within which to either fully and completely abate the nuisance via demolition or work out a schedule, satisfactory to the Village Administrator or designee, or the Fire Chief, for the demolition, with sufficient surety acceptable to the village to guarantee timely completion of the abatement according to schedule; and
(d) Inform the interested parties of the date and time of the pre-scheduled adjudicatory hearing date before the Board of Zoning Appeals. The hearing date shall be set no less than 30 calendar days after the date of the demolition notice of violation. The Board of Zoning Appeals shall affirm, reverse, or modify the determinations made by the Village Administrator or designee, or Fire Chief, in the demolition notice of violation, including the existence of the public nuisance and the demolition remedy deemed necessary by the Village Administrator or designee, or Fire Chief.
(2) For purposes of this division (B), “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.
(C) The demolition notice of violation shall be served by either hand delivery, or both the posting of a notice of violation on the subject premises and via 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 Lucas or Fulton County Treasurer’s Office or the real property records of the Lucas or Fulton County Recorder's Office. This shall include all owners, mortgagees, lienholders, tenants or other persons possessing an interest of record in the property.
(D) The final decision of the Board of Zoning Appeals regarding demolition shall be delivered to the property owner via hand delivery, or via certified and ordinary U.S. mail, and posted on the subject premises. Upon the decision of the Board of Zoning Appeals determining that demolition is required for abatement of a nuisance, the Village Administrator is authorized to abate the nuisance via demolition 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)