1339.03 NOTICE OF VIOLATION; ORDER FOR REMOVAL; ABATEMENT.
   (a)   In the event of a violation of Section 1339.02, the Director of Administration or his/her authorized representative shall give a notice of violation to the owner, occupant or person having charge or lawful possession of the premises upon which the violation occurs to cease such violation. Such notice of violation shall be in writing, and shall include a description of the violation and a statement of the penalties for noncompliance. It shall be served upon the owner, occupant or person having charge or lawful possession of the premises either personally or at the usual place of residence of such owner, occupant or person having charge or lawful possession of such premises or by registered or certified mail addressed to such person's last known place of residence. It may also be served by posting the notice in a conspicuous place upon the subject property in a form approved by the Director of Administration upon such property for a period of at least five (5) days; or by publication to the City's Website for a 30-day period concurrently with publication once each week for three (3) consecutive weeks in a newspaper of general circulation in Champaign County when the name, usual place of residence or business or existence of such person or legal entity is unknown and cannot with reasonable diligence be ascertained or in the event all other methods contained herein fail to effect delivery of the notice.
   (b)    If the person served with the notice of violation as provided in subsection (a) hereof fails to cause such violation to cease within ten (10) days of the date upon which service of the notice of violation is perfected, the Director of Administration or his/her authorized representative shall remove or cause to be removed the materials which constitute the violation.
      (1)   In the case of unlicensed or out-of-repair vehicles, they shall be disposed of in the manner provided by law at Ohio R.C. 4513.61 and 4513.62. All expenses of removal and/or of disposal shall be charged against the owner of the material which constitutes the violation or the owner of the premises on which the violation occurred, and shall be in addition to any fine, cost or penalty assessed in relation to a criminal prosecution under this chapter.
      (2)   In the case of the continued vacancy of a structure or building resulting in lack of reasonable or adequate maintenance of the building or structure and grounds, they shall be addressed as described in Chapter 1341 of the Urbana Codified Ordinances.
      (3)   In the case of a vacant building or structure which is open and not secured against unauthorized entry, they shall be addressed by taking whatever steps are reasonably necessary to secure the vacant building or structure.
      (4)   In the case of a building or structure, or any portion, member, appurtenance or ornamentation thereof, which is likely to fail or become detached, dislodged or to collapse and thereby injure persons or damage property, they shall be addressed by taking whatever steps are reasonably necessary to prevent the detachment, dislodging or collapsing of said building or structure, or any portion, member, appurtenance or ornamentation thereof.
      (5)   In the case of weeds which are spreading or maturing seeds, or about to do so, ragweed, goldenrod, poison ivy, poison oak or any other noxious or poisonous weeds or vines; or grass in excess of ten (10) inches, they shall be addressed in the manner provided in Chapter 1343 of the Urbana Codified Ordinances.
   (c)   When the Director of Administration has issued a notice under subsection (a) hereof and the nuisance has not been abated by the owner, occupant or person having charge or in lawful possession of the premises, the Director of Administration and/or his/her authorized representative is authorized, when necessary to take abatement action hereunder, to enter upon the premises on which a violation has occurred, including private property, for the purpose of enforcing the provisions of this chapter.
   (d)   When the Director of Administration has acted to abate a nuisance as described above, s/he shall serve an invoice for the costs thereof upon the owner, occupant or person having charge or lawful possession of the premises in the manner described in subsection (a) hereof. If the cost remains unpaid after thirty (30) days from the service of such notice, s/he may, at his/her sole discretion, collect the costs either by an action at law brought in the name of the City against the owner, occupant or person having charge or lawful possession of the premises on which the violation occurred, or by certifying the costs to the County Auditor for placement on the real estate tax duplicate of the premises on which the violation occurred, and collection in the same manner as other taxes. (Ord. 4585-23. Passed 1-3-23.)