(a)   “Public nuisance” means, any fence, wall, shed, deck, house, garage, pool, building, structure or any part of any of the aforesaid; or any tree, pole, debris, noxious odor of smoke, dust and dirt being cast wherefrom, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, dock, wharf or landing dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or materially interfere with the peaceful enjoyment of adjacent property by the owners or occupants thereof, cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the City, in any one or more of the following particulars:

      (1)   By reason of being a menace, threat and/or hazard to the general health of the community.

      (2)   By reason of being a fire hazard.

      (3)   By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid premises.

      (4)   By reason of lack of sufficient or adequate maintenance of the structure, location and/or premises, and/or being vacant, any of which depreciates the enjoyment and use of property in the immediate vicinity to such an extent that it is harmful to the community in which such structure, location or premises is situated or such condition exists.

      (5)   By reason of improperly or without written authorization from a governmental entity, releasing, dumping or storing in the environment (i.e., air, soil, land or water) any hazardous, infectious, or other type of waste or chemical product.

      (6)   Junk or inoperable vehicles.

   (b)   “Owner” means any of the following:

      (1)   Any person, corporation, partnership, limited partnership, limited liability partnership, or any shareholder, officer, trustee, partner, agent or employee of any of the above who has care, custody, control or charge of a premises or part thereof, has legal title to the premises, or has done any act to maintain or operate the premises.

         A.   “Maintaining or operating the premises” shall include without limitation, entering into a public utility contract, obtaining a building or demolition permit or obtaining any other permit or license relating to the premises.

      (2)   Any operator of a premises or any lessee or trustee who operates a premises.

      (3)   The vendor or vendee under a land installment contract who has care, custody, control or the right to enter on the premises or real property.

   (c)   “Premises” means a lot, plot or parcel of land, including the building or structures thereon.

   (d)   “Debris” means the accumulation of earth, rubbish or other materials which will, if such condition is permitted to continue, attract and propagate vermin or insects endangering the public health; or materially interfere with the peaceful enjoyment of adjacent property by the owners or occupants thereof or any other unsightly or unsanitary nature in such manner that such matter could be blown upon any streets, avenue, alley, part, public ground or sidewalk or upon the property of another. Examples of debris: motor vehicle parts, tires, building materials, discarded appliances, garbage, waste, boxes, paper.

(Ord. 2004-14. Passed 9-9-04.)

   (a)   Whenever the City Zoning Inspector, with the concurrence of either the City Administrator or Fire Chief, or their respective designated representatives, determines that a public nuisance, as defined in Section 1284.01(a), exists and requires to be summarily abated because the public health, safety or welfare may be in immediate danger, the owner of the property where the public nuisance exists or is found shall be provided written notice of the public nuisance and an order to abate the nuisance within forty-eight (48) hours from the date of notice.

      (1)   The written notice-order shall be sent to the owner via regular U.S. mail to his or her address as well as posted at the subject premises, structure or location or may be left with the individual, if any, occupying the subject premises, structure or location at which the public nuisance exists or is found.

      (2)   The owner shall comply with the order within the time period designated on the notice-order.

      (3)   The public nuisance notice-order, once issued by the Zoning Inspector, or his or her designated representative, is against the property and runs with the property notwithstanding any change(s) in the titled ownership of the property.

      (4)   Notification of said notice-order shall be promptly given to the Wood County Health Department.

   (b)   The Zoning Inspector or his or her designated representative, is authorized to summarily abate a public nuisance that presents an immediate hazard or danger to the health, safety or welfare of an individual or the community.

   (c)   The City Administrator and Fire Chief, with the concurrence of their respective Zoning Inspectors, is authorized to determine and declare the existence of a public nuisance, as defined in Section 1284.01(a)(5), and to order it abated summarily (within forty-eight (48) hours) or within a specifically designated period of time. Furthermore, the City Administrator and Fire Chief are authorized, pursuant to this chapter, to abate the public nuisance determined to exist and declared pursuant to Section 1284.01(a)(5).

(Ord. 2004-14. Passed 9-9-04.)

   (a)   Whenever the City Zoning Inspector or his or her designated representative, determines that a property is a public nuisance, as defined in Section 1284.01(a), but the nature of the nuisance does not require summary abatement, then regular abatement procedures shall be implemented.

   (b)   In regular abatement procedures, the owner of the property where a public nuisance exists or is found shall be provided written notice of the public nuisance and an order to abate the nuisance within thirty (30) days from date of notice.

      (1)   The written notice-order shall be sent to the owner via regular U.S. mail to his or her address as well as posted at the subject premises, structure or location or may be left with the individual, if any, occupying the subject premises, structure or location at which the public nuisance exists or is found.

      (2)   The owner shall comply with the order within the time period allocated.

      (3)   The public nuisance notice-order, once issued by the Zoning Inspector, or his or her designated representative, is against the property and runs with the property notwithstanding any change(s) in the titled ownership of the property.

      (4)   Notification of the notice-order shall be promptly given to the Wood County Health Department.

   (c)   The Zoning Inspector or his or her designated representative, is authorized to abate the public nuisance upon expiration of the time period allotted the owner for abatement of the nuisance.

(Ord. 2004-14. Passed 9-9-04.)

   (a)   An owner of a property, location or structure declared a public nuisance by the Zoning Inspector (or his or her designated representative), ordered to abate the nuisance within forty-eight (48) hours, may appeal the notice-order by requesting in person a hearing with the Board of Zoning Appeals no later than twenty-four (24) hours from the date of receipt (excluding weekends and/or holidays). The in-person request shall be made to the Zoning Inspector and must be accompanied by a cash bond in the amount of one-half (½) of the estimated abatement cost or five hundred dollars ($500.00), whichever is less. The appeal request does not stay the order to abate the nuisance.

      (1)   A summary abatement appeal hearing, if properly made, shall be held at the first regularly scheduled Appeals Board meeting following the in- person request.

   (b)   An owner of a property, location or structure declared a public nuisance by the Zoning Inspector (or his or her designated representative), ordered to abate the nuisance within thirty (30) days, may appeal the notice-order by requesting in-person a hearing with the Board of Zoning Appeals no later than twenty-four (24) hours from the date of receipt (excluding weekends and/or holidays). The in-person request shall be made to the Zoning Inspector and must be accompanied by a cash bond in the amount of one-half (½) of the estimated abatement cost or five hundred dollars ($500.00), whichever is less. The appeal request does not stay the order to abate the nuisance.

      (1)   A regular abatement appeal hearing, if properly made, shall be held at the first regularly scheduled Board of Zoning Appeals meeting following the in-person request.

   (c)   The hearing shall be conducted by the Board of Zoning Appeals.

      (1)   The Board of Zoning Appeals, after hearing the matter, may amend, modify, revoke or uphold the notice-order, and may extend the time for compliance with the order by the owner by such date as the majority of the board may determine.

      (2)   The Board of Zoning Appeals, at the conclusion of the hearing and after deliberations, may render a decision immediately or take the matter under advisement. The Board of Zoning Appeals, however, shall render a written decision on the matter within seven (7) business days after the hearing.

      (3)   The Board of Zoning Appeals shall order the cash bond deposit returned to the appellant if the departmental order is revoked or overruled, or retain the deposit if the departmental order is upheld and pending completion of the order by appellant within the time allotted. A departmental order is deemed upheld even if modified or amended by the Board of Zoning Appeals. The Board of Zoning Appeals shall order the cash bond deposit paid to the City if proper documentation is presented to the Board of Zoning Appeals that the City abated the nuisance. The cash bond shall be applied to defray the abatement expense incurred by the City.

      (4)   The ruling or decision of the Board of Zoning Appeals is a final appealable order; but appeal to a court of competent jurisdiction will not act as a stay of the abatement order.

(Ord. 2004-14. Passed 9-9-04.)

   (a)   Any public nuisance not abated within the time specified in the notice/order provided by the Zoning Inspector, or his or her designated representative, or within any additional time provided by the Board of Zoning Appeals, may be abated by the City pursuant to the order issued by the Zoning Inspector, or his or her designated representative.

   (b)   The Zoning Inspector or his or her designated representative, is authorized to enter onto, upon and into any property within the City to abate a public nuisance.

   (c)   Lien holders, as documented in the Wood County Auditor's or Recorder's office, shall be notified in writing of the public nuisance status of the subject property prior to abatement of the nuisance by the City.

   (d)   The owner of the property where a public nuisance is found shall be assessed and must pay any and all costs incurred by the City in abating the public nuisance. If the owner of the property fails or refuses to pay the abatement costs, the costs may be assessed as a lien against the property and/or recouped via any other feasible method by the City.

   (e)   The Zoning Inspector or his or her designated representative, is authorized to salvage any items, materials or property seized or derived from abatement of a nuisance and sell such at private or public sale at the best price obtainable and apply the proceeds to any costs incurred from abating the nuisance at the subject property.

   (f)   It shall not be a defense to the determination that a public nuisance, as defined in Section 1284.01(a), exists, that the building, premises or location is boarded up or otherwise enclosed.

   (g)   Any person in the position of an owner, at the time an order pursuant to this chapter is issued and served upon him or her, shall be responsible for complying with that order and liable for any costs incurred by the City therewith, notwithstanding the fact that he or she conveys his or her interests in the property to another after such order was issued and served.

(Ord. 2004-14. Passed 9-9-04.)

   This chapter shall not be deemed to be a limitation or restriction on the authority of any department, division, official or employee of the City, but shall be deemed as an enlargement of any authority existing by virtue of the statutes of the State or any ordinance heretofore enacted by Council.

(Ord. 2004-14. Passed 9-9-04.)

   (a)   No insurance company doing business in the State shall pay a claim of named insured for fire damage for a structure located within the City where the amount recoverable for the fire loss to the structure under all insurance policies exceeds five thousand dollars ($5,000) and is greater than or equal to sixty percent (60%) of all fire insurance policy monetary limitations unless there is compliance with the following procedures:

      (1)   When the loss agreed to between the named insured or insureds and the insurance company or insurance companies equals or exceeds sixty percent (60%) of the aggregate limits of liability on all fire policies covering the building or structure, the insurance company or companies in accordance with Ohio R.C. 715.26(F) and 3929.86(C) and (D) shall transfer from the insurance proceeds to the Director of Finance in the aggregate amount of two thousand dollars ($2,000) for each fifteen thousand dollars ($15,000), and each fraction of that amount, of a claim, or, if at the time of a proof of loss agreed to between the named insured or insureds and the insurance company or companies the named insured or insureds have submitted a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, shall transfer from the insurance proceeds the amount specified in the estimate.

         A.   Such transfer of proceeds shall be on a pro rata basis by all companies insuring the building or structure. Policy proceeds remaining after the transfer to the City may be disbursed in accordance with the policy terms.

         B.   The named insured or insureds may submit a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure after the transfer, and the Finance Director, after notifying the City Administrator, shall return the amount of the fund in excess of the estimate to the named insured or insureds, provided that the City has not commenced to remove, repair or secure the building or other structure.

      (2)   Upon receipt of proceeds by the City as authorized by this section, the Finance Director shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repair or securing incurred by the City pursuant to Ohio R.C. 715.261.

         A.   When transferring the fund as required in subsection (a)(1) hereof, an insurance company shall provide the City with the name and address of the named insured or insureds whereupon the City shall contact the named insured or insureds, certify that the proceeds have been received by the City and notify them that the following procedures will be followed:

         B.   The fund shall be returned by the Finance Director to the named insured or insureds when repairs, or removal, or securing of the building or other structure have been completed and the required proof is received by the City Administrator, provided that the City has not incurred any costs for such repairs, removals or securing. If the City has incurred any costs for repairs, removal or securing of the building or other structure, such costs shall be paid from the fund and if excess funds remain, the City of Northwood shall transfer the remaining funds to the named insured or insureds after repair, rebuilding or removal has been completed.

         C.   Nothing in this section shall be construed to limit the ability of the City to recover any deficiency under Ohio R.C. 715.261. Nothing in Ohio R.C. 3929.86(C) and (D) adopted hereby shall be construed to prohibit the City and the named insured or insureds from entering into an agreement that permits the transfer of funds to the named insured or insureds if some other reasonable disposition of the damaged property has been negotiated.

   (b)   The Finance Director is hereby designated as the officer authorized to carry out the duties of this section, provided that no funds so held under this section shall be released without notification of such intent to the City Administrator.

(Ord. 2004-14. Passed 9-9-04.)

   (a)   No person shall cause, permit, allow, maintain or fail to abate a public nuisance on his or her property.

   (b)   No person shall refuse, fail or neglect to obey and/or abide with an order issued by the City Zoning Inspector, or his or her designated representative, pursuant to this chapter or any provision in the Northwood Codified Ordinances.

   (c)   Whoever refuses fails or neglects to obey and/or abide with an order issued by the City Administrator, Zoning Inspector or their designated representatives, pursuant to the Northwood Codified Ordinances, shall be penalized as follows:

      (1)   If the offender has not been convicted of a violation of this chapter within two (2) years of the date of the violation, the offender shall be guilty of a misdemeanor of the third degree. The offender shall also be liable for the cost of removing materials placed or found on public property in violation of this Chapter.

      (2)   If the offender has been previously convicted of a violation of this chapter within two (2) years of the date of the violation, the offender shall be guilty of a misdemeanor of the first degree regardless of the location of the property resulting in the violation.

      (3)   The Court may, in addition to any other penalty imposed, order the offender to correct all existing Code violations and/or order the offender to occupy the property which is the subject of any violation for a designated period of time.

         A.    If the Court orders the offender to occupy the property which is the subject of any violation, such occupancy or confinement shall be electronically monitored as provided for in Ohio Revised Code Section 2929.23.

   (d)   The City may petition the Perrysburg Municipal Court, or any other court of competent jurisdiction, to order the owner of property on which a public nuisance is found to:

      (1)   Abate the nuisance; and/or

      (2)   Post with the Court a cash bond totaling the estimated abatement costs after a preliminary hearing on the matter. The cash bond shall be paid to the City if the City abates the public nuisance, or returned to the owner of the property on which the public nuisance is found if the owner abates the public nuisance.

   (e)   Any person who transfers his or her property to another after the property has been declared a public nuisance without first abating the nuisance is guilty of a misdemeanor of the first degree and shall be liable for any and all costs incurred by the City in abating the nuisance.

   (f)   Whoever violates Chapter 1284 by causing, permitting, allowing, maintaining, or failing to abate a public nuisance, and has been issued a warning notice with a minimum forty-eight (48) hour compliance date and, after receipt of such warning does not comply shall be issued a citation, is guilty of a minor misdemeanor and shall be fined twenty-five dollars ($25.00) plus applicable court costs. Each day's violation shall constitute a separate offense. Prior to the issuance of a citation under this section the person issuing the citation shall, in the case of a non-owner occupied property, determine if the offense is attributable to the actions of the owner or the tenant and shall issue the citation accordingly.

(Ord. 2004-14. Passed 9-9-04.)