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(a) No owner, tenant or other person or legal entity in charge of or in possession of property shall create, permit or allow a public nuisance to exist upon such property.
(b) The Chief of Police shall appoint one (1) Nuisance Officer who shall be an employee of the Village Police Department for the purposes of enforcing this chapter, subject to the approval of Village Council. The Chief of Police in his discretion may appoint a Deputy Nuisance Officer to handle the duties of the Nuisance Officer when the duly appointed Nuisance Officer is on vacation, sick, or otherwise unable to perform the duties of the Nuisance Officer.
(c) Whenever the Nuisance Officer determines that a public nuisance exists he shall, in accordance with the procedures set forth herein, give or cause to be given, a notice to the owner, tenant or other person or legal entity in charge or in possession of the property to abate the nuisance, or he may cause the nuisance to be abated if the person upon whom the notice to abate is served fails to do so.
(Ord. 1998-28. Passed 9-1-98.)
(a) The notice to abate shall describe the activity, circumstance or condition constituting the public nuisance, designate the subsection of Section 1341.01 being violated, describe the steps necessary to be taken to abate the nuisance, state the time limis within which abatement shall take place and advise the recipient of the right to appeal.
(b) The notice to abate may be served upon either the owner, tenant or legal entity in charge of possession of the property.
(c) Service of the notice to abate shall be by one of the following methods:
(1) By delivering a copy of the notice to the person or legal entity to be served; or
(2) By leaving a copy of the notice at the usual residence of such person or usual place of business of such legal entity; or
(3) By certified mail, addressed to such person at his/her usual place of residence or legal entity at its usual place of business with instructions to forward, return receipt requested, provided that the certified envelope is not returned with an endorsement showing failure of delivery; or
(4) By ordinary mail addressed as in subsection (c)(3) hereof after a certified envelope is returned with an endorsement showing either that the certified mail envelope was refused or unclaimed and the ordinary mail envelope is not returned with an endorsement showing failure of delivery; or
(5) By publication once each week for three consecutive weeks in a newspaper of general circulation in Jefferson County, Ohio when the name, usual place of residence or business or existence of such person or legal entity is unknown and cannot with reasonable diligence be ascertained or in the event all of the other methods in subsections (c)(1) through (4) hereof fail to effect delivery of the notice.
(Ord. 1998-28. Passed 9-1-98.)
(6) There shall be only one (1) notice required each calendar year for a violation of Section 1341.01(k) of the Codified Ordinances.
(Ord. 2018-04. Passed 3-1-18.)
Within ten (10) days after receipt of the service of the notice to abate as provided for in Section 1341.03, the person served shall commence abatement and shall complete it within thirty (30) days. Upon written application to the Nuisance Officer, the Nuisance Officer in his discretion may extend the time for completion by an additional forty-five (45) days.
(Ord. 1998-28. Passed 9-1-98.)
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