(A) Public nuisance by condition. The following conditions, or defects in or upon any premises, building, structure or lot shall be deemed a public nuisance when they endanger the health, safety, welfare, life or limb of the public, or cause any hurt, harm, inconvenience, blight, damage, or injury to any person by reason of any one or more of the following conditions in which such premises, building, structure or lot is permitted to be or remain:
(1) When a lot, lots, parcels of land, yard, fence, wall, deck, shed, garage, carport, building, structure, habitable space, non-habitable space, sign, tree pole, excavation, hole, pit, basement, cellar, well, cistern, septic system, truck dock, sidewalk, driveway, private roadway, or any portion of the aforesaid because of poor maintenance, accumulation of rubbish or garbage, or improperly stored vehicles become a danger to the public, or a deteriorating and blighting influence on nearby properties, or is a detriment to the general health and safety of the community;
(2) When a structure or building is determined to be a fire hazard;
(3) When any structure or building or any part or parts thereof is damaged by fire, wind, earthquake, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such a catastrophe and no longer meets the minimum structural load requirements of the Ohio Building Code or Residential Code of Ohio for new buildings of similar structure, purpose, or location;
(4) When a structure or building is likely to cause sickness or disease because of inadequate maintenance, light, air, or sanitary facilities;
(5) When a lot, lots, parcels of land, building, structure or any part or parts thereof is determined unsafe, unsanitary or unfit for human occupancy or use on, in, upon, about, or around the aforesaid lot, lots, parcels of land, building, structure or any part or parts thereof;
(6) When any lot, lots, parcels of land, building, structure or any part or parts thereof by reason of continued vacancy results in a lack of reasonable or adequate maintenance thereby causing deterioration of property and creating a blighting influence by depreciating the enjoyment and use of properties in the immediate vicinity to such an extent that it is harmful to the community;
(7) When a structure or building is dilapidated or deteriorated to such an extent that it becomes an attractive nuisance to children, a harborage for vagrants, or illegal activities, or because of its condition enables persons to resort thereto for the purpose of committing unlawful or immoral acts;
(8) When any building or structure is in danger of collapse or partial collapse due to faulty construction, or the removal, movement, or instability of any portion of the structure or ground necessary for the purpose of supporting such building or structure, or any cause;
(9) When any building or structure is in danger of any portion, member, or appurtenance thereof, due to insufficient strength or stability, or is so poorly anchored, attached, or fastened in place that it is incapable of resisting applied loads of that specified in the Ohio Building Code or Residential Code of Ohio for new buildings or structures of similar design and is likely to fall, or to become detached or dislodged, or to collapse for any reason and thereby injure person or persons or damage property;
(10) When any portion of a building or structure remains on a site after the partial demolition or destruction of such building or structure and is left incomplete or abandoned for a period in excess of 90 days so as to constitute an attractive nuisance or hazard to the general public;
(11) When a building or structure remains vacant and/or abandoned for a period in excess of 90 days and having one other or more conditions which violate provisions of this Code;
(12) When a nuisance in or on lot, lots, parcels of land, building, structure or any part or parts thereof have been abated by the city by securing the open structure or building;
(13) When a structure meets that which is defined in R.C. §3767.41, which are incorporated herein by reference and made part hereof;
(14) When an inoperable, junk, or unregistered vehicle or recreational vehicle as defined herein is found, on any lot, lots, parcels of land, property abandoned in the open without the needed protection, care, or maintenance;
(15) When any structure or building or any part or parts thereof from which the plumbing, heating, electrical and/or other facilities have been removed, or from which the utilities have been disconnected, destroyed, or rendered ineffective;
(16) That which is defined or classified as a public nuisance by any codified ordinance of the City of West Carrollton or the State of Ohio;
(17) When any pond, pool of water, or vessel holds stagnant water;
(18) When any lot, lots, parcels of land, building, structure or any part or parts thereof is determined unsanitary, or is littered with new or used tires, rubbish or garbage.
(B) Public nuisance by activity or use. The following activities or uses in or upon any premises, building, structure or lot shall be deemed a public nuisance when they endanger the health, safety, welfare, life or limb of the public, or cause any hurt, harm, inconvenience, blight, damage, or injury to any person by reason of any one or more of the following conditions in which such premises, building, structure or lot is permitted to be or remain:
(1) That which is defined as a nuisance in R.C. §3767.01(C) which is incorporated herein by reference and made a part hereof;
(2) Premises or real estate, including vacant land, on which a felony violation of R.C. Chapter 2925 or 3719 occurs.
(3) Any use of premises or real estate not in conformance with the City of West Carrollton Zoning Code.
(Ord. 3674, passed 8-11-20)