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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.)
(a) The decisions of the Nuisance Officer determining that a public nuisance exists or refusing to extend the time for completion of abating the nuisance may be appealed, administratively, to the Board of Nuisance Appeals.
(b) The appeal shall be filed within ten (10) days after service of the notice to abate provided for in Section 1341.03 or within ten (10) days after denial of the forty-five (45) day extension period provided in Section 1341.04 and shall be perfected by filing a written notice of appeal with the Nuisance Officer specifying the grounds of the appeal. The Nuisance Officer shall, within three (3) days transmit to the Board the notice of appeal and notice to abate and all other papers in his possession upon which his decision was made.
(c) Within seven (7) days after receiving the notices and papers from the Nuisance Officer, the Board shall fix a time for a hearing of the appeal and shall give the appellant ten (10) days prior written notice of the time and place of the hearing.
(d) The appellant shall be entitled to appear at the hearing on appeal in person and may be represented by counsel.
(e) The procedure on appeal shall be as the Board shall determine and it may accept the testimony of witnesses and receive documentary evidence.
(f) On appeal, the Board shall consider the matter de novo and may affirm or overrule the decision of the Nuisance Officer or enter any decision consistent with this chapter. A majority vote of the Board shall be required.
(g) The Board shall decide all appeals within thirty (30) days of the hearing, in writing, and shall forward a copy of the decision to the appellant.
(h) An appeal hereunder shall stay for the duration of the appeal all proceedings to abate the nuisance or enforce the order of the Nuisance Officer.
(Ord. 1998-28. Passed 9-1-98.)
(a) A Board of Nuisance Appeals is hereby created and shall consist of three members appointed by the Mayor and approved by the Village Council, each for a term of three (3) years. The Mayor may also fill vacancies for the unexpired term of any member subject to the affirmance of Village Council. In the case of the initial appointments to the Board, one member shall be appointed for one (1) year, one member shall be appointed for two (2) years and one member shall be appointed for three (3) years.
(b) The Board shall elect a chairman and shall adopt rules necessary to conduct the affairs of the Board. Two members shall consist of a quorum. The Board shall keep written records of its proceedings and hearings before it, which shall be kept on file with the Clerk of Council.
(Ord. 1998-28. Passed 9-1-98.)
(a) Should the Nuisance Officer find that because of a public nuisance, the public safety, health or welfare is in immediate danger and is of sufficient severity to require summary abatement, he may give notice as provided for in Section 1341.03 and require that the nuisance be abated within twenty-four (24) hours, and that if not abated within that time, it shall be abated by the Village and the cost thereof assessed and collected as provided for in Section 1341.08. The notice, however, in this instance, shall be served only upon the owner of record of the property affected, and any legal and equitable lienholders of record.
(b) The appellate procedure provided for in Section 1341.05 shall also apply in the case of summary abatement, except that:
(1) The time for filing an appeal shall be within twenty-four (24) hours from the time of service of the notice to abate;
(2) The transmission of the notice and papers by the Nuisance Officer shall be within twenty-four (24) hours from the time he receives the notice of the appeal;
(3) The hearing by the Board shall be held within seventy-two (72) hours after it receives the notice and papers from the Nuisance Officer and a decision shall be rendered within forty-eight (48) hours of the hearing.
(Ord. 1998-28. Passed 9-1-98.)
(a) If the recipient of the notice to abate provided for in Section 1341.03 fails to comply with the notice to abate and does not file a timely appeal, or, having filed a timely appeal which is decided adversely to him, continues to fail to abate the nuisance, the Nuisance Officer shall take whatever action is reasonably necessary to abate the public nuisance and may collect the actual costs and expenses thereof as well as all incidental and consequential administrative costs and expenses incurred by the Village. Prior to abating the nuisance the Nuisance Officer shall give written notice of the Village's intent to abate the nuisance to the owner of record of the property and also to any legal and equitable lienholders of record. The written notice shall be served in any manner provided for in Section 1341.03(c).
(b) The costs of abatement may be collected in any of the following ways:
(1) By commencing a civil suit; or
(2) By the Clerk of Council certifying to the County Auditor the total costs to be placed upon the County tax duplicate as a lien upon the property affected and collected as other taxes and remitted to the Village. The costs so certified shall become a lien upon the property affected as of the date they are entered on the tax duplicate.
(Ord. 1998-28. Passed 9-1-98.)
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