(a) Whenever the Director of Public Service and Safety determines there exists a public nuisance as defined in Section 523.02 he or she may issue a notice of violation to the owner of the building, structure, premises or real estate, including vacant land, or appurtenance thereto setting forth the conditions that cause the building, structure, premises or real estate, including vacant land, or appurtenance to be a public nuisance and advising the owner that such conditions must be corrected. Such notice of violation shall:
(1) Be in writing;
(2) Describe the building, structure, premises or real estate, including vacant land, or appurtenance thereto alleged to be a public nuisance;
(3) Identify the sections of the Ohio Revised Code or the Codified Ordinances of the City of Troy, Ohio or regulation whose violation create a condition or conditions on the building, premises or real estate, including vacant land, or appurtenance, thereto, to be a public nuisance;
(4) Order the owner to abate the conditions;
(5) Specify a reasonable time for compliance with the order to abate;
(6) Advise the owner of the right to appeal the notice of violation pursuant to Section 523.13 of this chapter; and that the owner has the right to have a hearing before the Board of Zoning Appeals in connection with their appeal. Except as otherwise specified in Section 523.11, upon the owner appealing a Notice of Violation, any enforcement action seeking compliance with an order shall be stayed until after the initial hearing in connection with the owner’s appeal.
(7) Advise the owner that if the order to abate the conditions indicated in the notice of violation is not complied with by the specified date of compliance, the Director of Public Service and Safety may:
A. Initiate a civil and/or criminal action against the owner, or
B. Cause the conditions indicated in the notice of violation to be corrected by city personnel or private contractor and charge the costs of such corrections as a lien upon the owners of the building, premises or real estate, including vacant land, or appurtenance thereto.
(b) When a notice of violation is served it shall be served upon the owner by any one of the following methods:
(1) Personal service;
(2) Certified mail, return receipt requested;
(3) Residential service at the owner’s address by leaving a copy of the suitable age and discretion then residing therein;
(4) Publication in a newspaper of general circulation in Miami County:
A. The notification shall be published a minimum of once per week for three (3) consecutive weeks;
B. A copy of the newspaper with a copy of the notice marked, shall be mailed to the party at the last known address and the notice shall be deemed received as of the date of the last publication.
(5) Regular mail service to an address that is reasonably believed to be a place of residence of the owner or a location at which the owner is reasonably believed to receive mail regularly;
(6) Posting of the notice of violation on the building, premises or real estate, or appurtenance thereto, except that if the building, premises or real estate is vacant or vacant land, then the notice shall be posted on the building, premises or real estate or vacant land and one of the above methods of service shall also be used.
(c) When the notice of violation has been served, it shall be effective as to anyone having any interest in the building, premises or real estate whether recorded or not at the time the order was issued, and shall be effective against any subsequent owner as long as the conditions causing the building, premises or real estate, including vacant land, or appurtenance thereto exist and there remains a city record of the notice of violation in a public file maintained by the Director of Public Service and Safety.
(d) Written or oral acknowledgement by the owner of receipt of a notice of violation shall be evidence that the owner received the notice. An appeal of the notice by the owner pursuant to Section 523.13 shall constitute evidence of written acknowledgement by the owner of service of the notice of violation.
(Ord. 45-2020. Passed 10-19-20.)