1359.06 ABATEMENT OF NUISANCE BY VILLAGE AND COST RECOVERY.
   (a)   Provided that thirty (30) days notice is given in accordance with Ohio R.C. 715.26(B), should the nuisance not be abated at the expiration of the time stated in the notice or order of the Enforcement Officer or any extensions granted or such additional time as may be granted upon appeal, the Enforcement Officer shall be authorized at any time thereafter to cause entry upon such premises and the owner shall permit such entry to take such action as deemed appropriate to abate the nuisance, in addition to any remedies provided elsewhere in this Maintenance Code.
   (b)   Such abatement shall not be deemed to be a limitation or restriction on the authority of any department, division, official or employee of the Municipality, but shall be deemed to be in addition to any authority existing by virtue of the statutes of Ohio or any ordinance heretofore enacted by Council.
   (c)   In abating such nuisance, the Enforcement Officer may call on any department, for whatever assistance may be necessary to abate the aforesaid nuisance or may, by private contract, abate such nuisance and the cost of the contract will be paid for from Village funds specifically authorized by Council in order to abate such public nuisance. The fees for abatement activities and services performed by the Village of Whitehouse in carrying out its responsibilities under this Code shall be at the rate of one hundred and fifty ($150.00) dollars per person-hour with a minimum charge of not less than one hundred fifty ($150.00) dollars. Fees for any private abatement contracts shall be at the rate of the private contract plus a Village administrative fee at the aforementioned rate per person-hour.
   (d)   All costs for abating such nuisance shall be recovered in the following manner:
      (1)   The owner(s) shall be billed directly by United States certified mail with return receipt requested or by personally serving the owner with a copy of such bill. In the event the 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. If all other service fails, the billing notice may be published in a newspaper of general circulation in the Municipality once a week for two (2) consecutive weeks.
      (2)   If the costs are not so recovered within sixty (60) days of receipt of the mailing described above in this section, the Village in accordance with authority granted by Ohio R.C. 715.26.1 may cause the cost of the abatement to be levied as an assessment against the property or may commence a civil action to recover the total costs from the owner.
         (Ord. 10-2016. Passed 12-20-16.)