(a) Definitions.
(1) In reference to all buildings, structures or real estate located within the City, a “Nuisance” is any deterioration of structural materials or lack of repair or maintenance that is a hazard to health, safety or welfare of its occupants or the public, and if not abated, will become a blighting or deteriorating factor in the neighborhood in which the nuisance is located.
(2) “City official” is the Chief Building Inspector or the Service Director of the City, or their designee, for the purposes of this chapter.
(3) Public nuisance also includes any Codified Ordinance of the City of Willoughby which declares any act or thing a public nuisance, which shall be subject to the processes of this chapter.
(4) “Emergency abatement” is an abatement on any land or structure that presents an immediate hazard to human life or health.
(b) Authority of City Officials. A City official who observes a condition which is defined by ordinance as a public nuisance shall take the necessary steps to cause its abatement as hereinafter provided.
(c) Abatement of Certain Nuisances; Notice to Owner of Real Estate.
(1) The City official upon determining that a nuisance exists in matters involving sidewalks, landscaping, unsecured vacant property, abandoned, unusable property, or other debris may cause written Notice of Violation to be served on the owner and occupant of the real estate.
(2) The Notice shall contain a permanent parcel number of the land where the nuisance occurred and specify a date when the nuisance must be abated.
(3) The Notice shall state that if the nuisance is not abated within the specified time, the City will take the necessary steps to have the nuisance abated and shall bill the owner and occupant for the abatement. Abatement costs will be set by the Service Director in January of each calendar year.
(4) In the event the owner, lessee, agent or tenant of the property does not reimburse the City for the expenses incurred in furtherance of this section within thirty (30) days from the date of the Notice, the Director of Finance shall certify such expenses and costs to the Auditor of Lake County with the request that such amount be entered upon the tax duplicate and become a lien upon such lands, from and after the date of the entry, and be collected as other taxes and returned to the City according to law.
(d) Abatement of Other Nuisances.
(1) If a City official finds the existence of any nuisance other than those enumerated in this chapter, the City Official shall declare such condition, building or structure a nuisance.
(2) Upon finding the public nuisance, the City official shall proceed in the manner provided for in Section 521.052(c) for the abatement of nuisances.
(e) Service of Notice; Emergency Abatement Without Notice.
(1) The Notice required under Section 521.052(c) may be served by delivering it personally to the owner or occupant, or by posting the Notice in a conspicuous place on the real estate, building or structure involved, or by publishing the Notice one time in a newspaper of general circulation within the City.
(2) Notwithstanding the requirement of the service of Notice provided herein, when in the opinion of the City official, the condition of a structure or premise, or part thereof, constitutes an immediate hazard to human life or health, including but not limited to, the placement, either temporarily or otherwise, of rubbish, garbage, litter, broken, dilapidated, or unusable furniture, mattresses or other household furniture, plastic materials, paints, miscellaneous coverings and/or any other materials, in violation of the Codified Ordinances, no notice of violation need be given to the owner of such building. Upon such finding and declaring of an emergency nuisance condition, the City official may proceed in the manner provided for in Section 521.052(c) for the abatement of nuisances.
(f) Relationship to Other Laws. The authority to abate nuisances granted hereby and the procedures set forth herein shall be in addition to and shall not limit the authority to abate nuisances granted in any ordinances of the City, or statutes of the Administrative Code.
(g) Penalty. Whoever violates this section shall be guilty of a minor misdemeanor and fined not more than one hundred fifty dollars ($150.00) for a first offense. Whoever shall be convicted of a second or subsequent violation of this section within a period of two years from the date of the last prior conviction shall be guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned for not more than thirty (30) days or both. Each day of violation shall constitute a separate offense.
(Ord. 2010-86. Passed 7-13-10.)