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§ 150.094 PERMITS REQUIRED.
   (A)   Remodeling, rehabilitation and new construction activities shall require the same permits from the village, county or other authorizing source, and the payment of the same fees, as would be required on a new structure or undeveloped premises. This requirement shall pertain to structural and building support systems and shall not pertain to superficial structural embellishments like siding, roofing, and the like.
   (B)   Whenever it comes to the attention of the Property Maintenance Officer that work is being performed contrary to this subchapter, a stop-work order shall be promptly issued to the owner of premises involved, the agent of the owner, or the person doing the work. The Property Maintenance Officer shall also post a placard at the site of the work informing the public and all concerned that work at the site has been stopped by official order. The order shall be written and state the conditions under which the work may be resumed. The order shall also direct the performance of the work as may be necessary to remove any violations of the codified ordinances. A stop-work order shall not obviate the need for nuisance abatement in accord with schedules specified elsewhere in this subchapter.
(Prior Code, § 1416.10) (Ord. 699, passed 9-2-2003)
§ 150.095 ABATEMENT EXPENSES.
   The village shall keep an itemized account of those expenses it incurs to abate nuisances on behalf of a private property owner or tenant. The total cost incurred for administration, labor, personnel, materials and equipment may either be collected through civil litigation directed against the property owner or may be certified by the Village Fiscal Officer to the County Auditor, and by the Auditor placed upon the tax duplicate to be a lien upon the duplicate and to be collected as other taxes and returned to the village, with the effect that the total cost of the work constitutes a lien on the property which has priority ahead of any and all mortgages on the premises. The collection proceedings or certification to the Auditor shall only be initiated by the village after property owners, or others with an interest in the property, have been offered at least 30 days to remit full payment for charges incurred.
(Prior Code, § 1416.11) (Ord. 699, passed 9-2-2003)
§ 150.096 ADMINISTRATIVE LIABILITY.
   No officer, agent or employee or the village shall be personally liable for any damage resulting from any official determination, order or action required or permitted in the discharge of duties under the provisions of this subchapter. The village shall defend and indemnify the Property Maintenance Officer and any other employee or official specifically designated and authorized to make official determinations, orders and actions, against any judgments or liabilities that may arise as a result of official action taken by them in the discharge of their duties under this subchapter.
(Prior Code, § 1416.12) (Ord. 699, passed 9-2-2003)
§ 150.097 EMERGENCY NUISANCE ABATEMENT.
   When the conditions which constitute a nuisance pose an immediate threat to the public health, safety or welfare, the Property Maintenance Officer may require correction of the nuisance situation within seven days after serving proper notice on the owners or persons in possession of the property.
(Prior Code, § 1416.13) (Ord. 699, passed 9-2-2003)
§ 150.098 SEPARABILITY.
   It is hereby declared to be the intention of Council that the several provisions of this subchapter are separable in accordance with the following.
   (A)   Invalidation provision. If any court of competent jurisdiction shall adjudge any provision of this subchapter to be invalid, the judgment shall not affect any other provision of this subchapter not specifically included in the judgment.
   (B)   Application to particular property. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this subchapter to a particular property, building, or other structure, the judgment shall not affect the application not specifically included in the judgment.
(Prior Code, § 1416.14) (Ord. 699, passed 9-2-2003)
§ 150.099 AUTHORITY OF PROPERTY MAINTENANCE OFFICER.
   (A)   The Property Maintenance Officer shall bear responsibility for interpretation of this subchapter and the issuance of all notices pursuant thereto.
   (B)   Determinations of the Property Maintenance Officer in conjunction with administration of this subchapter are final, subject only to a contrary order from a court of competent jurisdiction.
   (C)   The Property Maintenance Officer shall provide quarterly reports to the Village Council regarding actions taken by the Property Maintenance Officer to enforce the Property Maintenance Code.
   (D)   (1)   A Property Maintenance Officer designated by the Village Administrator pursuant to § 150.086 shall receive an annual stipend of $3,500.
      (2)   This provision does not apply when the Village Administrator or the representatives of the Preble County Department of Health are carrying out the functions of the Property Maintenance Officer.
(Prior Code, § 1416.15) (Ord. 699, passed 9-2-2003; Ord. 919, passed 10-18-2021)
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