(a) It is hereby determined that a building or other structure that is unsafe, unsanitary or not provided with adequate safe egress; that constitutes a fire hazard, is otherwise dangerous to human life, or is otherwise no longer fit and habitable; or that, in relation to its existing use, constitutes a hazard to the public health, safety or welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, is a public nuisance.
(b) The legislative authority of the Village shall, by ordinance, declare that a building or other structure is a public nuisance pursuant to this section.
(c) Upon a declaration as provided for in division (b) of this section the Mayor or his designee shall cause a written notice to be served upon the landowner, notifying such landowner that the building or structure on his or her land is in violation of this section and that such building or structure is to be repaired, cleaned or demolished within thirty days after service of such notice, or as otherwise agreed by the Mayor. If such landowner is a nonresident whose address is known, such notice shall be sent to the known address by certified mail. If the address of such landowner is unknown, it shall be sufficient to publish such notice once in any newspaper of general circulation in the county. This section shall not be construed as requiring such notice as a condition precedent to prosecution for a violation of this section where the address of the landowner is not known or where service of a notice is reasonably attempted but fails for any reason.
(d) No landowner shall fail to comply with the notice provided for in division (c) of this section within the period provided for in such notice.
(e) Whoever violates this section is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense. Each day after the date of service of the original notice that the building or structure remains unrepaired, uncleaned or un-demolished shall constitute a separate offense. The penalty provided herein shall be in addition to the equitable remedy provided in division (f) of this section.
(f) Upon the failure of a landowner to repair, clean or demolish a building or structure within thirty days after service of a notice pursuant to division (c) of this section or the attempt thereof, any duly authorized employee of the Village and/or any contractor hired by the Village may enter upon the property of any landowner in violation of the provisions of this chapter and make repairs, clean the property or demolish the building or structure that is in violation of this section. The expenses so incurred shall be approved by the Village and paid out of the Village Treasury.
(1) The Village shall then make written notice to the landowner of its action with a statement of the charges for services, the amount paid for the performance of such labor and the fees incurred for service of the notice and return. The landowner shall be given fifteen days from such notice of charges incurred to reimburse the Village.
(2) Upon the failure of the landowner to pay the charges incurred by the Village, the Village shall make written notice to the County Auditor of its action, together with a statement of the charges for services, the amount paid for the performance of such labor and the fees incurred for service of the notice and return, and a proper description of the premises, with the request that such amount be entered upon the tax duplicate as a lien upon such lands from and after the date of such entry on the tax duplicate and be collected as other taxes and returned to the Village according to law.
(3) The remedy provided for in this section shall be in addition to the penalty provided in Chapter 698.
(Ord. 2015-15. Passed 10–6-15.)