(A) Upon the failure of the owner or other responsible person to abate the nuisance within the time period outlined in the notice to abate, or such other time period as may be granted by the Chief Code Enforcement Officer, and a review and concurrence by the Chief Code Enforcement Officer and the Director of Planning and Community Development, the Chief Code Enforcement Officer shall issue a notice of demolition to the owner or other responsible person. Said notice shall advise the owner that the notice of demolition is a final order, and failure to abate the nuisance within 30 days of service of the notice of demolition, the city shall be authorized, at any time thereafter, to enter on the premises and abate the nuisance by demolition. Should the owner 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 of abating or lessening the severity of such public nuisance to include an administration fee assessed at the current rate as set forth in §37.40, General Fees Schedule of the Codified Ordinances of the City of West Carrollton. The owner and/or other responsible person 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.
(C) When any nuisance structure/building has been ordered demolished and removed, the city may sell the salvaged and valuable materials from the nuisance structure/building or retain for city use. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
(D) All demolition activity shall be performed pursuant to §158.11 of the City of West Carrollton Property Maintenance Code.
(Ord. 3674, passed 8-11-20)