(a) Whenever the Enforcement Officer determines that there is a violation of the provisions of this Maintenance Code, notice of such violation and order for compliance shall be given to the person or persons responsible therefore, as hereinafter provided. No owner shall fail to comply with any notice of violation, and no owner or other person shall obstruct or interfere with service or the enforcement of the notice. The Enforcement Officer may issue additional warnings to property owners nearing violation of applicable requirements contained in the Exterior Property Maintenance Code.
(b) Content. Such notice of violation and order shall:
(1) Be in writing.
(2) Include a description of the real estate sufficient for identification.
(3) Include a statement of the reason or reasons why the notice is being issued, including identification of the relevant sections of the Maintenance Code or ORC.
(4) Include a correction order allowing a reasonable time for the repairs and improvements required to bring the property into compliance with the provisions of this Maintenance Code;
(5) Advise that if the order to abate the conditions indicated in the notice of violation is not complied with by the specified date of compliance, the Enforcement Officer may:
A. Initiate a civil and/or criminal action against the owner, or
B. Cause the conditions indicated in the notice of violation to be corrected by Village personnel or private contractor and charge the costs of such correction as a lien upon the real estate.
(6) State the right of the violator to file an appeal of the notice and to have a hearing with the Board of Zoning Appeals within fifteen (15) days of receipt of the notice.
(c) Service of Notice of Violation.
(1) A notice of violation shall be deemed to be properly served if one (1) or more of the following methods are used:
A. By personal delivery to the owner or occupant of the premises or by leaving the notice at the premises with a person of suitable age and discretion; or
B. By certified mail deposited in the United States Post Office addressed to the person or persons responsible at his/their last known address, with return receipt requested. If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail and the mailing shall be evidenced by a certificate of mailing which shall be filed by the Enforcement Officer. Service shall be deemed complete when the fact of mailing is entered of record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or
C. By posting a copy of the notice form in a conspicuous place on the premises found in violation and publishing a legal notice in a newspaper of general circulation in the Village. The published legal notice shall identify the owners of the property, the last address, if known, of the owners, the parcel identification, the location and nature of the violation; or
D. Publication in a newspaper of general circulation in Lucas County a minimum of once per week for three (3) consecutive weeks where a copy of the newspaper, with the notice clearly marked, shall be mailed to the owner at the last known address and the notice shall be deemed received as of the date of the last publication.
(2) When the notice of violation has been served, it shall be effective as to anyone having any interest in the real estate whether recorded or not at the time the order was issued, and shall be effective against any subsequent owner as long as the conditions causing the real estate exist and the Enforcement Officer maintains a record of the notice of violation in a public file.
(3) Written or oral acknowledgement by the owner of receipt of a notice of violation shall be evidence that the owner received the notice. An appeal of the notice by the owner pursuant to Section 1359.08 (Appeals) shall constitute evidence of written acknowledgement by the owner of service of the notice of violation.
(d) Emergencies. Whenever the Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health and safety, a written order shall be provided to the owner reciting the existence of such an emergency and specifying such action as necessary be taken to meet the emergency, or such action deemed necessary by the Enforcement Officer using Village or private contractor resources to abate the conditions causing the emergency.
(1) The Enforcement Officer may declare the property as a public nuisance or declare the structure a hazardous public nuisance pursuant to Section 1363.02 (Hazardous Structures).
(2) The Enforcement Officer shall make every reasonable effort to personally serve the owner with the order; however, it shall be adequate to affix upon the door or entrance to the building, premises, or real estate, to include vacant land, or appurtenances thereto, where the emergency is alleged to exist, a placard on which shall be printed the written order issued by the Enforcement Officer.
(3) Notwithstanding other provisions of this Maintenance Code, such order shall be effective immediately and shall be complied with immediately.
(4) If in the opinion of the Enforcement Officer action is deemed necessary using Village or private contractor resources to abate the conditions causing the emergency, the Enforcement Officer shall cause a request for a temporary restraining order to be filed seeking judicial approval for the Village to abate the public nuisance.
A. The cost of any repairs shall not exceed fifty (50) percent of the fair market value of a structure to be repaired. Determination of such shall be made by a certified appraiser to be contracted for that purpose by the Village.
B. When repairs are made or other corrective action is taken at the direction of the Enforcement Officer, the cost of such repairs and corrective action shall be paid by the Village and shall constitute a debt in favor of the Village against the owner of the repaired structure.
C. In the event said owner fails, neglects, or refused to pay the Village the amount of this debt within sixty (60) days from receipt of the bill for repairs, the Village Administrator may recover the costs against the owner in a civil action or certify the cost and expense of repairs to the county auditor and the same shall become a lien upon the real estate.
(5) The owner has the right to immediately appeal the emergency order to the Board of Zoning Appeals, but such appeal does not waive the owner's requirement to immediately comply with the order.
A. If the owner appeals the emergency order, the burden is on the Enforcement Officer to prove by clear and convincing evidence that an emergency existed which required immediate action on the part of the owner. The owner has the burden to prove there was not an emergency.
B. If the Court has issued a temporary restraining order approving demolition or modification, an owner's appeal will not stay the Court's order. (Ord. 10-2016. Passed 12-20-16.)