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(a) "Public nuisance" means, in addition to that stated in the Property Maintenance Code adopted in Chapter 1367 of the Building Code, any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, dock, wharf or landing dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the City, in any one or more of the following particulars by reason of:
(1) being a menace, threat and/or hazard to the general health of the community.
(2) being a fire hazard.
(3) being unsafe for occupancy, or use on, in, upon, about or around the aforesaid premises.
(4) lack of sufficient or adequate maintenance of the structure, location and/or premises, and/or being vacant, any of which depreciates the enjoyment and use of property in the immediate vicinity to such an extent that it is harmful to the community in which such structure, location or premises is situated or such condition exists.
(5) improperly or without written authorization from a governmental entity, releasing, dumping or storing in the environment (i.e., air, soil, land or water) any hazardous, infectious, or other type of waste or chemical product.
(6) being a premises occupied or used by persons engaged in violations of Title 5, General Offenses Code or Title XXIX or Title XLIII of the Ohio Revised Code.
(b) "Owner" means any of the following:
(1) Any person, corporation, limited liability company, partnership, limited partnership, limited liability partnership, or any shareholder, officer, trust, trustee, partner, agent or employee of any of the above who has care, custody, control or charge of a premises or part thereof, has legal title to the premises, or has done any act to maintain or operate the premises.
A. "Maintaining or operating the premises" shall include without limitation, entering into a public utility contract, obtaining a building or demolition permit or obtaining any other permit or license relating to the premises.
(2) Any operator of a premises.
(c) "Operator" means:
(1) Any person who has charge, care of or control of premises or a part thereof whether with or without the knowledge and consent of the owner.
(2) Any person who alone or jointly or severally with others shall have legal or equitable title to any premises with or without accompanying actual possession therefrom or shall have charge, care or control of premises as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate or as a mortgagee in possession.
(3) Any person who as a lessee subletting or reassigning any part or all of any premises shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by such lessee.
(4) The vendor or vendee under a land installment contract who has care, custody, control or the right to enter on the premises or real property.
(d) "Premises" means a lot, plot or land parcel, including the building or structures thereon.
(e) "Director" means the Director of the Department of Neighborhoods.
(Ord. 539-15. Passed 11-10-15.)
(a) Whenever the Director of the Department of Neighborhoods, the Director of Economic and Business Development, the Commissioner of Building Inspection, the Commissioner of Code Enforcement, the Chief Building Official or their designated City-employed inspection staff determines that a public nuisance exists, as defined in Section 1726.01(a), and requires to be summarily abated because the public health, safety or welfare may be in immediate danger, the owner, as defined in Section 1726.01(b), of the property where the public nuisance exists or is found shall be provided written notice of the public nuisance and an order to abate the nuisance within seventy-two hours from the date of notice.
(1) The written notice shall be given to the owner, as defined in Section 1726.01(b):
A. In person to the owner; or
B. By U.S. mail to the owner's last known address; or
C. By posting notice on the premises which has been determined to be a public nuisance.
(2) The notices of violation shall state the nature of the violation and the time period for correction and may state corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.
(3) The owner, as defined in Section 1726.01(b), shall comply with the order within the time period designated on the notice- order.
(4) The public nuisance notice-order, once issued by the Director, or his/her designated representative, is against the property and runs with the property notwithstanding any change(s) in the titled ownership of the property.
(b) The Director or his/her designated representative, is authorized to enter on any property to inspect for a public nuisance, in accordance with Section 1303.09, and to summarily abate a public nuisance that presents an immediate hazard or danger to the health, safety or welfare of an individual or the community regardless of any time period given to the owner of the property to abate such nuisance.
(c) The Director of the Department of Neighborhoods, the Director of Economic and Business Development, the Commissioner of Building Inspection, the Commissioner of Code Enforcement, and the Chief Building Official, or their designee, or the Commissioner of Health are authorized to determine and declare the existence of a public nuisance, as defined in Section 1726.01(a)(5), and to order it abated summarily (within 72 hours) or within a specifically designated period of time. Furthermore, the Director of the Department of Neighborhoods, or his designee is authorized, pursuant to this chapter, to abate the public nuisance determined to exist and declared pursuant to Section 1726.01 (a)(5).
(Ord. 132-15. Passed 3-31-15.)
(a) Whenever the Director of the Department of Neighborhoods, the Director of Economic and Business Development, the Commissioner of Building Inspection, the Commissioner of Code Enforcement, or the Chief Building Official, or their designated representative, determine that a property is a public nuisance, as defined in Section 1726.01(a), but the nature of the nuisance does not require summary abatement, then regular abatement procedures shall be implemented.
(b) In regular abatement, the owner, as defined by Section 1726.01(b), of the property where a public nuisance exists or is found shall be provided written notice of the public nuisance and an order to abate the nuisance within thirty days from date of notice.
(1) The written notice shall be given to the owner, as defined in Section 1726.01(b):
A. In person;
B. By U.S. mail to the owner's last known address; or
C. By posting notice on the premises which has been determined to be a public nuisance.
(2) The notices of violation shall state the nature of the violation and the time period for correction and may state corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.
(3) The owner, defined in Section 1726.01(b), shall comply with the order within the specified time.
(4) The public nuisance notice-order, once issued by the Director, or his/her designated representative, is against the property and runs with the property notwithstanding any change(s) in the titled ownership of the property.
(c) The Director or his/her designated representative, is authorized to enter on any property to inspect for a public nuisance, in accordance with rights of entry as defined by Chapter 1319 of this code, and to abate the public nuisance upon expiration of the time period allotted the owner, as defined by Section 1726.01(b), for abatement of the nuisance.
(Ord. 132-15. Passed 3-31-15.)
(a) An owner, as defined in Section 1726.01(b), of a property, location or structure declared a public nuisance by the Director or his/her designated representative, ordered to abate the nuisance within seventy-two (72) hours or issued a Notice of Liability pursuant to Section 1726.08, may appeal the notice or order in writing, and request a hearing with the Nuisance Abatement Housing Appeals Board (Appeal Board) within three business days from the date on the notice-order or no later than twenty-four (24) hours from the date of receipt (excluding weekends and/or holidays). The written request shall be made to the Director of the Department of Neighborhoods. The written request must be accompanied by a cash bond in the amount of fifty dollars ($50.00). The appeal request does not stay the order to abate the nuisance.
(1) A summary abatement appeal hearing, if properly requested, shall be held at the first regularly scheduled Appeals Board meeting following the request.
(b) An owner, as defined in Section 1726.01(b), of a property, location or structure declared a public nuisance by the Director [or his/her designated representative], ordered to abate the nuisance within (30) thirty days, may appeal the notice-order by requesting a hearing with either the Nuisance Abatement Housing Appeals Board within ten calendar days from the date on the notice-order or no later than twenty-four (24) hours from the date of receipt (excluding weekends and/or holidays). The written request shall be made to the Director of the Department of Neighborhoods. The request for an appeal hearing must be accompanied by a cash bond in the amount of fifty dollars ($50.00). The appeal request does not stay the order to abate the nuisance.
(1) A regular abatement appeal hearing, if properly made, shall be held at the first regularly scheduled meeting of the appropriate appeals board meeting following the in-person request.
(c) The hearing shall be conducted by the Nuisance Abatement Housing Appeals Board comprised of the Director of Law, the Commissioner of Health, the Chief Building Official, the Director of Public Service and the Director of Public Safety, or their respective designated representatives. Three members shall constitute a quorum.
(1) The Appeal Board, after hearing the matter, may amend, modify, revoke or uphold the notice or order, and may extend the time for compliance with the order by the owner by such date as the majority of the board may determine.
(2) The Appeal Board, at the conclusion of the hearing and after deliberations, may render a decision immediately or take the matter under advisement. The Appeal Board, however, shall render a written decision on the matter within seven business days after the hearing.
(3) The Appeal Board shall order the cash bond returned to the appellant if the departmental order is revoked or overruled; or shall retain the deposit if the departmental order is upheld and pending completion of the order by appellant within the time allotted. A departmental order is deemed upheld even if modified or amended by the Appeal Board. The Appeal Board shall order the cash bond deposit paid to the City if proper documentation is presented to the Appeal Board that the City abated the nuisance. The cash bond shall be applied to defray the abatement expense incurred by the City.
(4) The ruling or decision of the Appeal Board is a final appealable order; but appeal to a court of competent jurisdiction will not act as a stay of the abatement order.
(d) Any person acting in the capacity of an issuer of a Lead-Safe Report who is adversely affected by a fine, order, or ruling issued pursuant to Section 1760.07 may appeal such fine, order or ruling by requesting a hearing before the Nuisance Abatement Housing Appeals Board pursuant to the procedure set herein.
(Ord. 132-15. Passed 3-31-15; Ord. 49-23. Passed 1-24-23.)
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