(a) Any public nuisance not abated within the time specified in the notice-order provided by the Director, or his/her designated representative, or within any additional time provided by the Nuisance Abatement Housing Appeals Board, may be abated by the City pursuant to the order issued by the Director, or his/her designated representative.
(b) The Director of the Department of Neighborhoods, the Director of the Department of Economic and Business Development, the Commissioner of Building Inspection, the Commissioner of Code Enforcement, the Chief Building Official, or their designated representative, are authorized to enter a structure or premises at reasonable times to inspect or to perform the duties imposed by this code provided that credentials are presented to the occupant and that entry is required and obtained. Where permission to enter has not been obtained, is denied, or the Department of Neighborhoods has probable cause to believe that there exists in a structure or upon a premises a condition which is a serious hazard, the Department of Neighborhoods shall have recourse to the remedies provided by law to secure entry.
(c) Lien holders, as documented in the Lucas County Auditor's or Recorder's office, shall be notified in writing of the public nuisance status of the subject property prior to abatement of a nuisance structure by the City 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, as defined in Section 1726.01(b), of the property where a public nuisance is found shall pay any and all costs incurred by the City in abating the public nuisance including all costs incurred by the City in identifying and investigating the nuisance, per TMC Section 1319.04 and 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 assessed as a lien against the property and/or recouped via any other feasible method by the City provided by the Ohio Revised Code.
(e) The Director or his/her designated representative, is authorized to salvage any items, materials or property seized or derived from abatement of a 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 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 1726.01(a), exists, that the building, premises or location is boarded up or otherwise enclosed.
(g) Any person in the position of an owner, as defined in Section 1726.01(b), at the time an order pursuant to this chapter is issued and served upon him or her, shall be responsible for complying with that order and liable for any costs incurred by the City therewith, notwithstanding the fact that he or she conveys his or her interests in the property to another after such order was issued and served.
(Ord. 132-15. Passed 3-31-15.)