(A) Should a public nuisance not be abated at the expiration of the time stated in the notice, Board decision, or expiration of the time stated in the compliance agreement, or any extension granted by the Chief Code Enforcement Officer, or his or her designee, or such additional time as the Board of Zoning Appeals may grant, the Chief Code Enforcement Officer, or his or her designee, with the approval of the Director of Planning and Community Development and City Manager, shall have the authority at any time thereafter to enter on the premises and abate the nuisance by demolition, removal, or such other action appropriate to abate or lessen the severity of the nuisance. Should the owner or other responsible person fail to permit such entity, the Chief Code Enforcement Officer, or his or her designee shall petition a court of competent jurisdiction for a warrant as provided for in R.C. §2933.21. In abating such nuisance, the Chief Code Enforcement Officer, or his or her designee, with the approval of the Director of Planning and Community Development and City Manager, may call upon any department, or division of the city for whatever assistance necessary to abate such nuisance. The Chief Code Enforcement Officer, or his or her designee, with the approval of the Director of Planning and Community Development and City Manager, may also privately contract for the services to take such action as may be deemed appropriate to abate or lessen the severity of the public nuisance. The cost of the contract will be paid for from the city funds specifically authorized by the City Manager to be used for that purpose. Should the nuisance structure or premises catch fire between the time it is declared a public nuisance and is fully abated, the cost of abating or lessening the severity of the public nuisance shall include the reasonable city expenses incurred by the Fire Department. The city shall recover the cost of abating or lessening the severity of such public nuisance in the manner provided for in division (B) of this section.
(B) The city shall recover the cost of abating or lessening the severity of such public nuisance, or other action taken by the city pursuant to §160.21, in the following manner:
(1) The city shall invoice the owner and/or other responsible person(s) directly by certified mail, or any other method of providing notice authorized under §160.14, for the cost incurred for abating or lessening the severity of such public nuisance to include an administration fee assessed at the current rate as set forth in Chapter 37, General Fees Schedule of the Codified Ordinances of the City of West Carrollton. The owner and/or other responsible person(s) shall pay the invoice with 30 days after receipt of same.
(2) If the invoice is not paid within 30 days, the city may collect the cost by any of the following methods:
(a) The city may levy an assessment and recover in accordance with R.C. §715.261 the cost of abating or lessening the severity of such public nuisance; or
(b) The city may bring a civil action to recover the cost from the owner or other responsible person(s) as provided for in R.C. §715.261.
(Ord. 3674, passed 8-11-20)