1335.02 PROCEDURE FOR FINDING PUBLIC NUISANCE.
(a) Whenever, the Director of Public Service suspects the existence of a public nuisance, as defined by Section 1335.01(a), in the City, he shall promptly cause such suspected public nuisance to be inspected by the Chief Building Inspector. Following such inspection should the Director determine that there are reasonable grounds to believe that a public nuisance exists, he shall exhaust all reasonable means of abatement through normal enforcement procedures before he shall notify the Chairman of the Board of Nuisance Abatement, who shall cause a hearing to be held by the Board on the question of the existence of a public nuisance. The Chairman shall call such hearing within thirty days of notification by the Director.
(b) The owner of the property in question or his duly authorized representative or agent, shall be notified of the date, time and place of such a hearing in accordance with the provisions of Section 1335.03 and shall be given an opportunity of appearing in person or through a duly authorized representative or agent or legal counsel, at such hearing and of presenting such evidence as may be pertinent to the question of the possible existence of the public nuisance.
(c) Prior to the meeting of the Board, called to consider the question of the existence of a public nuisance, the property in question shall be inspected by qualified representatives of the Division of Fire, the City Electrical Inspector and the Franklin County Board of Health, and photographs of the subject property shall be taken to depict the property condition. Reports of these inspections, the inspection report of the Chief Building Inspector and the photographs of the property shall be made available to the Board at the subject hearing.
(d) The Board shall be composed of the City Engineer or his designated representative, the City Architect, the President of Council, and four public members who do not hold any office or employment with the City. The four public members shall be appointed by the Mayor for a period of two years, and shall include at least one representative of the following fields: real estate or property management, and building construction. The President of Council shall serve as Chairman of the Board.
(e) It shall be necessary to have a concurring vote of at least four members of the Board for a finding that a public nuisance, as defined in Section 1335.01(a) does exist.
(Ord. 80-87. Passed 11-3-87.)
(f) The Board, following the hearing, shall cause a written order to be served on the owner of the subject property, in accordance with the provisions of Section 1335.03, stating the findings of the Board with respect to the existence of a public nuisance and the manner in which abatement is to be accomplished. lf the Board finds that a public nuisance does exist, the order shall include: where abatement of the nuisance can be accomplished through repair or rehabilitation, a list of repair or rehabilitation specifications required to abate the public nuisance; where the abatement of the nuisance cannot, in the finding of the Board, be accomplished through repair and rehabilitation, an order that the nuisance be abated by demolition and removal of the structure; and shall state that unless the owner of subject property shall cause the abatement of the public nuisance by repair, rehabilitation or demolition, the same will be abated by the City at the expense of such owner. Such abatement by the owner shall start within thirty days after receipt of the order and shall be completed within sixty days or, where abatement is to be accomplished through repair or rehabilitation, such additional time as the Director of Public Service may deem necessary to complete the abatement of the public nuisance.
(Ord. 47-89. Passed 5-2-89.)