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(a) Should the Administrator, after conducting inspection pursuant to any provision of Section 1310.01 et seq., of the Code, determine that a public nuisance as defined in Section 1308.01 of this Code exists and that the nature of such public nuisance requires its summary abatement, the Administrator shall be obligated to perform the following duties:
(1) Cause photographs of the public nuisance to be made;
(2) Contact the City Fire Chief when appropriate;
(3) Contact the County Health Department when appropriate;
(4) Maintain written reports from the County Health Department, the Fire Chief and written reports made by the Code Administrator regarding the alleged public nuisance.
(b) When the Administrator has received all written reports regarding the alleged public nuisance, he shall then determine what person(s) is the titled owner of said property pursuant to the records in the Office of the County Auditor of Fulton County, Ohio. Upon determination of the ownership, the Administrator shall cause a notice to be served upon such person(s) either personally, by certified mail, or by leaving a copy at the usual place of residence, business or employment of such person(s).
(c) The Administrator shall determine from the Office of the County Recorder of Fulton County, Ohio any and all lienholders of the property as documented therein and shall cause a copy of the written notice sent to the owner of the premises to be served upon the lienholders by certified mail.
(d) The notice as set forth in subsection (b) hereof to the owner and lienholders of the property shall contain the following information:
(1) The findings with respect to the existence of alleged public nuisance;
(2) Steps necessary to abate the public nuisance;
(3) That unless the owner shall cause the abatement of such public nuisance pursuant to the recommendation of the Administrator set forth in subsection (2) hereof within seventy-two hours after service of the City at the expense of such owner;
(5) That the expense incurred may be certified to the tax duplicate of the individual property owners and addressed by the County Auditor and collected by the County Treasurer to satisfy the expense of abatement.
(e) In the event a structure, dwelling, dwelling unit, or accessory structure is declared unfit for human habitation or unsafe and in the judgment of the Administrator an emergency exists, the notice issued pursuant to subsection (d) shall state that the abatement of the public nuisance may include demolition of the structure or accessory structure.
(f) Whenever a structure, dwelling, dwelling unit, or accessory structure is declared unfit for human habitation or unsafe by the Administrator, the structure shall be vacated within a reasonable time as determined by the Administrator. No structure, dwelling, dwelling unit, or accessory structure which has been declared as unfit for human habitation or unsafe shall again be used until written approval is secured from the Administrator.
(g) Should any public nuisance not be abated at the expiration of the time stated in the notice or within such additional time as may be granted by the Administrator or the Board after appeal, the Administrator shall notify the Mayor and the City Law Director in writing. The Mayor shall then direct the Administrator to take such steps as are necessary to abate the public nuisance found upon the premises. Such public nuisance may be abated by the use of whatever means are necessary and the Mayor may direct the Administrator to exercise whatever powers are necessary to abate the public nuisance. Should it be practicable, materials derived in the aforesaid abatement may be salvaged and sold at public or private sale for the best obtainable price. The Administrator shall keep an accounting of the proceeds thereof.
(h) The proceeds obtained from the sale of any materials salvaged as a result of an abatement of a public nuisance by the Administrator shall be deposited in the General Fund of the City and any deficit between the amount so received and the cost of abatement may be levied as an assessment against and collected as any other assessment by the City. Nothing contained within this provision shall be construed to limit any other method of collection or other remedy available to the City in law or in equity to recoup the deficit aforementioned from the proper individual.
(i) In the event the proceeds of sale of such salvage material exceeds the cost of such abatement, the surplus shall be paid to the owner of the premises from which such public nuisance was abated when his or her proper claim thereof is established.
(j) In abating a public nuisance, the Administrator is authorized to call upon and use the resources of the City of Wauseon, including each department therein, or may use private contract to cause the abatement thereof.
(Ord. 1989-36. Passed 7-10-89.)