(a) At any time as the Village Zoning Inspector becomes aware of a violation of Section 1305.02 and deems it appropriate, he or his designee shall give written notice (hereinafter referred to as the "Notice") to the owner of record or to the occupants of the real estate if they are not the owners thereof.
(b) The Notice shall specifically state the basis for finding the particular real estate as a public nuisance and shall state the date by which the nuisance must be abated. The Village Zoning Inspector shall determine such date based upon the particular facts and circumstances of the nuisance.
(c) If the Notice alleges that the particular real estate is a public nuisance because of the presence of an unregistered motor vehicle, proof that a motor vehicle is missing a license plate or has an expired license plate or is parked in such a manner that either the front license plate or rear license plate is obscured such that it cannot be viewed from a reasonable place off the subject premises (and proof that such condition existed for a period in excess of ten consecutive days) shall be sufficient to prove the offense. It is an affirmative defense to a charge under this section that the particular motor vehicle during the time period in question was lawfully registered and lawfully license plated in the State of Ohio or in another state.
(d) If the notice of a public nuisance alleges that the particular real estate is a public nuisance because of the presence of a motor vehicle in an inoperative condition or because such motor vehicle is an unregistered motor vehicle, evidence that it was viewed on at least five days including the first day and the eleventh or later day and that at the times of such viewing there was no visible material change in the vehicle shall constitute a rebuttable presumption that the motor vehicle was inoperative and/or unregistered for a period in excess of ten consecutive days.
(e) Service of the notice shall be made as determined by the Village Zoning Inspector, which service may be personal service by any officer or employee of the Municipality or by certified mail. In the event the address of the appropriate party is unknown or if certified mail service is refused or not picked up, then service may be made by posting the notice at the premises or by publishing the notice once in a newspaper of general circulation in the Municipality.
(f) In the event the public nuisance is such that it poses an immediate threat to life or property the Village Zoning Inspector may take action to abate the nuisance. The costs of such abatement may be recovered as provided in this chapter. The Village Zoning Inspector shall give whatever notice is practicable under the circumstances to the owner and/or the occupants of the premises by any reasonable means, including the telephone.
(Ord. 2014-05. Passed 5-8-14.)