§ 668.09   REMOVAL AND/OR REPAIR OF INSECURE, UNSAFE, OR STRUCTURALLY DEFECTIVE BUILDINGS/STRUCTURES.
   (a)   Insecure, unsafe, or structurally defective buildings or other structures are herein declared to be public nuisances.
   (b)   The Village Administrator shall have the power to inspect any building or structure within the Village, in which he has reason to believe is insecure, unsafe, or structurally defective.  The Village Administrator may retain, use, or seek the assistance and advice of any public official or other person of expert knowledge to assist in the inspection and provide opinions and recommendations under this section.
   (c)   Prior to inspecting any building or other structure under division (b) of this section, the Village Administrator shall notify the owners of record of the real property on which the building or other structure is located, at least 24 hours in advance of the inspection by one or more of the following means:
      (1)   Certified mail letter;
      (2)   Personal hand delivery of a written notice; or
      (3)   Posting a written notice on a conspicuous location on the building or other structure.
   (d)   Upon finding any specific building or other structure in the Village to be insecure, unsafe, or structurally defective, the Village Administrator shall declare it to be a public nuisance and placard it with the following or similar language:
   Public Nuisance
   "This building or other structure has been determined to be insecure, unsafe, or structurally defective by the Village Administrator, and is therefore a public nuisance. It is recommended that all citizens stay away from this public nuisance until it is removed and/or repaired."
In making the public nuisance declaration, the Village Administrator shall base his determination on one or more of the following methods:
      (1)   Direct visual observation of the exterior of the building or other structure;
      (2)   An inspection of the building or other structure conducted under division (b) of this section; or
      (3)   A refusal by any owner of record of the real property containing the building or other structure to allow its inspection under division (b) of this section, from which any said building or other structure shall be presumed and classified as a public nuisance under this section.
   (e)   Upon declaring a building or other structure to be a public nuisance under division (d) of this section, the Village Administrator shall schedule a date for its "abatement by removal" to begin.  At least 30 days prior to said abatement by removal date, the Village Administrator shall give notice by certified mail of the Village's intention of abatement by removal to the holders of legal or equitable liens of record upon the real property on which said building or other structure is located and to the owners of record of such real property.  Additionally, the Village Administrator shall place a copy of the certified mail notice directly on the building or other structure in a conspicuous location which is herein determined to be sufficient due process notice in the event the certified mail notice fails for any reason.
   (f)   The Village Administrator is authorized to advertise for bids, when appropriate, for any project involving an abatement by removal of a public nuisance under this section.
   (g)   From the date the Village Administrator declares an insecure, unsafe, or structurally defective building or other structure to be a public nuisance until the day before its scheduled abatement by removal, the Council may (but does not have to) enter into an agreement with the owners of record of such real property or the holders of liens of record upon such real property regarding the performance of the removal or repair of said building or other structure. Should no agreement be reached, the Village Administrator is authorized to proceed with and direct the abatement by removal of the public nuisance beginning as scheduled under division (e) of this section.
   (h)   The total cost of the Village of any abatement by removal of a public nuisance under this section shall and/or may be recovered pursuant to Ohio R.C. 715.261 and/or other applicable law.
   (i)   Council herein determines that any insecure, unsafe, or structurally defective building or other structure that specifically endangers the use of public streets, alleys, sidewalks, right-of-ways, and other public areas are not only a public nuisance but constitute an existing emergency. The Village Administrator is authorized to make said emergency determinations. If an emergency is determined to exist, the abatement by removal date may be scheduled earlier than 30 days as otherwise contemplated under division (e) of this section and the notice requirements contemplated under division (e) of this section shall be modified so as to only require the Village Administrator to place the notice directly on the building or other structure in a conspicuous location.
   (j)   In the absence, disability, or other inability to act of the Village Administrator, or in the event the office of Village Administrator is vacant, the Mayor shall perform all the functions and duties of the Village Administrator under this section with all the powers enumerated herein.
   (k)   No officer, agent, or employee of the Village shall render himself personally liable for any damages that may accrue to persons or property as a result of any act required or permitted in the discharge of said person's duties under this section.
(Ord. 741, passed 10-6-2008)