(a) (1) No person, including any individual, corporation, association, partnership, trustee, trustee in bankruptcy, lessee, agent, assignee, or any other entity, being the owner, lessee or having charge or management of any property located within the City shall cause or permit to exist upon such property any substance, condition or activity which unreasonably interferes with or endangers the peace, health, welfare of safety of the City or any of its inhabitants.
(2) In reference to buildings, structures or real estate located within the City, a "nuisance" means 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 or, if not abated, in the opinion of the Safety Director or Chief Building Inspector, will become a blighting or deteriorating factor in the neighborhood which impairs or adversely effects the value of the neighboring property.
(3) Any activity or item defined elsewhere in the Codified Ordinances of the City as a public nuisance is also a public nuisance subject to the dictates of this chapter.
(b) Upon the finding that a nuisance exists in matters involving sidewalks, weeds, tall grass, landscaping, unsecured vacant property, abandoned property, unusable property, exterior deterioration, or other debris, the Chief Building Inspector or their designee shall cause written notice to be served on the appropriate person or entity identified in subsection (a)(1) hereof. The notice or order shall set forth the nature of the nuisance, the estimate of the cost of abating the nuisance if done by the City, a reasonable time determined by the Chief Building Inspector or their designee within which the owner shall abate the nuisance or pay the estimated cost to the City, the statement that unless the nuisance is abated within the stated time it may be abated by the City and the cost of abatement assessed on the real estate involved, and the City may prosecute the owner for failure to comply with the order. Such notice or order of abatement shall be issued by the Chief Building Inspector or their designee by posting said notice on the door of the structure, and, if no structure exists, at a conspicuous location on the property, where said nuisance exists and by regular U.S. mail addressed to such person or entity at their last known address.
(c) Upon the failure of such person to remove or abate such nuisance within the time specified in such notice, the Mayor may cause such nuisance to be removed or abated. Such removal or abatement may include the seizure and destruction or sale of property constituting or used in the maintenance of a nuisance, and the Mayor may enter into contracts on behalf of the City for the removal or abatement of such nuisances. Any person failing to remove or abate a nuisance as stated above shall be liable to the City for any and all costs of such removal or abatement, which costs may be recovered by a proceeding instituted in any court of competent jurisdiction.
(d) Any person or entity described in subsection (a)(1) hereof receiving notice to remove or abate a nuisance as provided for in subsection (b) hereof may, within the period of time specified in such notice, file a written request for a hearing on such order by delivering a copy of such request, specifying an address to which notices to such person or entity are to be sent, to the office of the Mayor. Upon receipt of such a request, the Mayor shall set a time and place for such a hearing and shall cause notice thereof to be provided to such person or entity by sending a copy by regular U.S. mail sent to the address provided by the requestor not less than five days prior to the hearing. Copies of such notice, stating the purpose of the hearing and the time and place thereof at which all interested persons or entities so requesting shall be heard, shall also be posted in the five public places in the City designated by Council for the posting of ordinances, resolutions, statements, orders, proclamations, notices and reports required by law or ordinance to be published. Such notice may also be published in one or more newspapers of general circulation in the City.
(e) Such hearing shall be conducted by the Mayor, and not less than five days after the conclusion of such hearing the Mayor shall issue an order confirming, modifying or rescinding the order of removal or abatement. Any such order shall be a final order within the meaning of Ohio R.C. 2506.01, upon the filing of a copy thereof with the Clerk of Council. A copy of such order shall be served as soon as possible in the manner specified in subsection (d) hereof upon the person requesting the hearing.
(Ord. 68-30. Passed 6-5-68; Ord. 2008-49. Passed 10-7-08.)