(A)   The provisions of this chapter shall govern those items that are deemed public nuisances.

   (B)   This chapter is intended to protect the health, safety, and welfare in and on all premises, buildings and structures, residential or nonresidential, located within the corporate boundaries of the City of West Carrollton by:

      (1)   Establishing the minimum requirements for securing, mitigating, abating, and lessening the impact of buildings, structures, and premises declared a public nuisance;

      (2)   Placing the responsibility for securing, mitigating, abating and lessening the impact on owners, other responsible persons, other persons, and occupants of buildings, structures, and premises declared a public nuisance; and

      (3)   Providing for administration, enforcement, and penalties.

(Ord. 3674, passed 8-11-20)

   For the purposes of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively. Those items not herein specifically defined shall be given their common ordinary meaning whenever it is appropriate or reasonable to do so.

      (1)   A parcel of real estate, lot, or premises that has one or more of the following conditions:

         (a)   A structure or building that is dilapidated, unsanitary, unsafe, or vermin infested and that because of its condition has been designated by the Chief Code Enforcement Officer, or his or her designee as unfit for human habitation or use;

         (b)   The property poses a direct threat to the public health or safety in its present condition by reason of environmentally hazardous conditions, solid waste pollution, or contamination;

         (c)   Tax or special assessment delinquencies exceeding the fair market value of the land.

      (2)   A parcel of real estate, lot, or premises that has two or more of the following conditions that, collectively considered, adversely affect surrounding or community property values or entail land use relationships that cannot be reasonably corrected through the City of West Carrollton Zoning Code:

         (a)   Dilapidation and deterioration;

         (b)   Age and obsolescence;

         (c)   Inadequate provisions for ventilation, light, air, sanitation, or open spaces;

         (d)   Unsafe and unsanitary conditions;

         (e)   Hazards that endanger lives or property by fire or other causes;

         (f)   Non-compliance with this code, Ohio Building Code, Residential Code of Ohio, Ohio Fire Code, West Carrollton Zoning Code, Subdivision Code, Flood Damage Prevention Code, or West Carrollton Property Maintenance Code;

         (g)   Nonworking or disconnected utilities;

         (h)   Vermin infestation;

         (i)   Is vacant or contains an abandoned structure or building;

         (j)   Extensive damage or destruction caused by a major disaster when the damage has not been remediated within a reasonable time;

         (k)   Identified hazards to health and safety that are conducive to ill health, transmission of disease, juvenile delinquency, or crime;

         (l)   Ownership or multiple ownership of a single parcel when the owner, or a majority of the owners of a parcel in the case of multiple ownership, cannot be located;

         (m)   One or more vehicles and/or recreational vehicles improperly parked or in an inoperable condition stored out of doors in view from the public right-of-way or that of a neighboring property;

         (n)   An accumulation of litter.

      (1)   A vehicle that has been left on private property for more than 48 hours or left on a public street, public way, or other property open to the public for purposes of vehicular travel or parking upon or within the right-of-way of any road or highway, for more than 48 hours;

      (2)   A vehicle that is three years or older;

      (3)   A vehicle that is extensively damaged, including but not limited to, any combination of the following types of damage: deflated, wrecked, or missing tires or rims; missing or wrecked body parts; broken or missing head lights, tail lights, or brake lights; broken, cracked, or missing windows or windshields; missing all or part of the motor or transmission; missing, expired, or invalid license plate(s), or validation sticker(s); or a vehicle that is otherwise apparently inoperable; and

      (4)   A vehicle that has a fair market value of $1,500 or less.

      (1)   Any owner of record of the premises or lesser estate therein, mortgagee, vendee in possession, land contract purchaser, assignee of rents, receiver, executor, administrator, trustee, or lessee as determined by an examination of public records;

      (2)   Any owner of record of any building or structure on a premises, including any mobile or manufactured home, or any lesser estate therein, mortgagee, vendee in possession, land contract purchaser, assignee of rents, receiver, executor, administrator, trustee, or lessee as determined by an examination of public records of Montgomery County Ohio or the State of Ohio; and

      (3)   Any other person, firm or corporation in control of a building, structure or premises, or their duly authorized agents.

(Ord. 3674, passed 8-11-20)

      (1)   When a lot, lots, parcels of land, yard, fence, wall, deck, shed, garage, carport, building, structure, habitable space, non-habitable space, sign, tree pole, excavation, hole, pit, basement, cellar, well, cistern, septic system, truck dock, sidewalk, driveway, private roadway, or any portion of the aforesaid because of poor maintenance, accumulation of rubbish or garbage, or improperly stored vehicles become a danger to the public, or a deteriorating and blighting influence on nearby properties, or is a detriment to the general health and safety of the community;

      (2)   When a structure or building is determined to be a fire hazard;

      (3)   When any structure or building or any part or parts thereof is damaged by fire, wind, earthquake, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such a catastrophe and no longer meets the minimum structural load requirements of the Ohio Building Code or Residential Code of Ohio for new buildings of similar structure, purpose, or location;

      (4)   When a structure or building is likely to cause sickness or disease because of inadequate maintenance, light, air, or sanitary facilities;

      (5)   When a lot, lots, parcels of land, building, structure or any part or parts thereof is determined unsafe, unsanitary or unfit for human occupancy or use on, in, upon, about, or around the aforesaid lot, lots, parcels of land, building, structure or any part or parts thereof;

      (6)   When any lot, lots, parcels of land, building, structure or any part or parts thereof by reason of continued vacancy results in a lack of reasonable or adequate maintenance thereby causing deterioration of property and creating a blighting influence by depreciating the enjoyment and use of properties in the immediate vicinity to such an extent that it is harmful to the community;

      (7)   When a structure or building is dilapidated or deteriorated to such an extent that it becomes an attractive nuisance to children, a harborage for vagrants, or illegal activities, or because of its condition enables persons to resort thereto for the purpose of committing unlawful or immoral acts;

      (8)   When any building or structure is in danger of collapse or partial collapse due to faulty construction, or the removal, movement, or instability of any portion of the structure or ground necessary for the purpose of supporting such building or structure, or any cause;

      (9)   When any building or structure is in danger of any portion, member, or appurtenance thereof, due to insufficient strength or stability, or is so poorly anchored, attached, or fastened in place that it is incapable of resisting applied loads of that specified in the Ohio Building Code or Residential Code of Ohio for new buildings or structures of similar design and is likely to fall, or to become detached or dislodged, or to collapse for any reason and thereby injure person or persons or damage property;

      (10)   When any portion of a building or structure remains on a site after the partial demolition or destruction of such building or structure and is left incomplete or abandoned for a period in excess of 90 days so as to constitute an attractive nuisance or hazard to the general public;

      (11)   When a building or structure remains vacant and/or abandoned for a period in excess of 90 days and having one other or more conditions which violate provisions of this Code;

      (12)   When a nuisance in or on lot, lots, parcels of land, building, structure or any part or parts thereof have been abated by the city by securing the open structure or building;

      (13)   When a structure meets that which is defined in R.C. §3767.41, which are incorporated herein by reference and made part hereof;

      (14)   When an inoperable, junk, or unregistered vehicle or recreational vehicle as defined herein is found, on any lot, lots, parcels of land, property abandoned in the open without the needed protection, care, or maintenance;

      (15)   When any structure or building or any part or parts thereof from which the plumbing, heating, electrical and/or other facilities have been removed, or from which the utilities have been disconnected, destroyed, or rendered ineffective;

      (16)   That which is defined or classified as a public nuisance by any codified ordinance of the City of West Carrollton or the State of Ohio;

      (17)   When any pond, pool of water, or vessel holds stagnant water;

      (18)   When any lot, lots, parcels of land, building, structure or any part or parts thereof is determined unsanitary, or is littered with new or used tires, rubbish or garbage.

   (B)   Public nuisance by activity or use. The following activities or uses in or upon any premises, building, structure or lot shall be deemed a public nuisance when they endanger the health, safety, welfare, life or limb of the public, or cause any hurt, harm, inconvenience, blight, damage, or injury to any person by reason of any one or more of the following conditions in which such premises, building, structure or lot is permitted to be or remain:

      (1)   That which is defined as a nuisance in R.C. §3767.01(C) which is incorporated herein by reference and made a part hereof;

      (2)   Premises or real estate, including vacant land, on which a felony violation of R.C. Chapter 2925 or 3719 occurs.

      (3)   Any use of premises or real estate not in conformance with the City of West Carrollton Zoning Code.

(Ord. 3674, passed 8-11-20)

   (A)   No owner, other responsible person, or other person shall permit the existence of a public nuisance to occur or continue on such premises.

   (B)   No owner, other responsible person, or other person shall fail to comply with any notice to abate a public nuisance.

   (C)   No owner, other responsible person, or other person shall obstruct or interfere with the enforcement of such notice.

(Ord. 3674, passed 8-11-20)

   This chapter shall be construed liberally and justly to insure the public health, safety and welfare.

(Ord. 3674, passed 8-11-20)

   The provisions of this chapter shall not be construed to prevent the enforcement of other ordinances or regulations which prescribe standards other than are provided herein.

(Ord. 3674, passed 8-11-20)

   This chapter shall not be deemed to abolish or impair existing remedies of the city or its officers or agencies relating to the occupation, removal or demolition of any building or structure deemed dangerous, unsafe, or unsanitary.

(Ord. 3674, passed 8-11-20)

   If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid for any reason, such decision shall not affect the remaining portions of this chapter which shall continue in full force and effect, and, the provisions of this chapter are declared severable.

(Ord. 3674, passed 8-11-20)

   As directed by the City Manager and Director of Planning and Community Development, the Division of Code Enforcement within the Planning and Community Development Department shall enforce the provisions of this chapter.

(Ord. 3674, passed 8-11-20)

   (A)   Whenever there is a reasonable basis to believe that a public nuisance as defined in §160.03 exists, the Chief Code Enforcement Officer, or his or her designee, shall inspect or cause the inspection of premises upon which the public nuisance is believed to exist. The Fire Chief, Police Chief, Chief Building Official, or their designee upon the request of the Chief Code Enforcement Officer may inspect or cause the inspection of premises on which a public nuisance is believed to exist. All determinations and recommendations with respect to the existence of a public nuisance shall be documented photographically and in writing and such documentation shall be filed with the Chief Code Enforcement Officer.

   (B)   Whenever the Chief Code Enforcement Officer, or his or her designee determines the existence of a public nuisance as defined in §160.03 he or she shall have the option to:

      (1)   Serve a written notice/order on the owner and/or other responsible person, pursuant to §160.14(B) or if applicable, §160.14(C), stating the determinations with respect to the existence of a public nuisance and stating that unless the owner and/or other responsible person abates the public nuisance, the city may, (a) in accordance with §160.18, abate the public nuisance at the expense of the owner and/or other responsible person; or (b) seek abatement in the manner provided for in R.C. Chapter 3767.

   (C)   The city may at its option, elect not to utilize the procedure provided in this chapter, and proceed instead with filing of an action in a court of competent jurisdiction in accordance with R.C. Chapter 3767.

(Ord. 3674, passed 8-11-20)

   (A)   Upon finding a vacant structure open to entry at doors, windows, or other points accessible to the general public, or upon finding an imminent open hazard which poses a threat to the public safety, the Chief Code Enforcement Officer, or his or her designee may cause the structure and/or hazard immediately secured. The Chief Code Enforcement Officer, or his or her designee, shall enter the premises to secure the structure and/or hazard in order to lessen the severity of the public nuisance. In securing such structure and/or hazard, the Chief Code Enforcement Officer, or his or her designee, may call upon any department, or division of the city for whatever assistance may be necessary, or may, by private contract, secure such structure and/or hazard. Photographs of such structure and/or hazard shall be taken prior to securing it and thereafter. Said photographs shall be filed with the Chief Code Enforcement Officer.

   (B)   Either before or as soon as practicable after the securing of such structure and/or hazard, the Code Enforcement Officer, or his or her designee, shall cause written notice to be served upon the owner and/or other responsible person in the manner provided in §160.14(B) or, if applicable §160.14(C) and shall include:

      (1)   The name of the owner and/or other responsible person, the address of the premises, and the date the notice was issued;

      (2)   The date on which the structure and/or hazard was found and secured;

      (3)   The cost incurred in securing said structure and/or hazard and that the city will recover said cost in the manner provided in §160.18; and

      (4)   A statement that the owner or other responsible person has a right to appeal said notice and determinations pursuant to §160.17 of the Chief Code Enforcement Officer, or his or her designee to the Board of Zoning Appeals by making written demand to the Chief Code Enforcement Officer, or his or her designee within ten days after receipt of service of the notice.

(Ord. 3674, passed 8-11-20)

      (1)   The location or presence of any junk motor and/or recreational vehicle on any public or private land or property, or public or private street, alley, or way within the city is hereby deemed a public nuisance and shall be abated as provided for in this section or any other ordinance or law of the city or as provided under any relevant portion of the Ohio Revised Code.

      (2)   No person shall permit any junk motor and/or recreational vehicle to remain in the open on any public or private land or property, or public or private street, alley, or way within the city after receipt of a notice to remove such vehicle.

      (1)   The Chief Code Enforcement Officer, or his or her designee, and sworn members of the West Carrollton Police Department are hereby authorized to issue written notice and order junk motor and/or recreational vehicles removed.

      (2)   Such notice shall be provided in accordance with the requirements of §160.13 and served pursuant to §160.14. The notice shall further describe the vehicle to be removed with reasonable specificity, and (a) state that it constitutes a junk motor and/or recreational vehicle and a public nuisance, and (b) state that the owner has ten calendar days in which to either remove the vehicle or give written notice of a request for a hearing appealing the order as prescribed under Section 160.17.

   (C)   Conclusive presumption of junk motor and/or recreational vehicle as a public nuisance. If any recipient of a notice to remove a junk motor and/or recreational vehicle fails to abate the nuisance or fails to appeal the notice in writing to the Board of Zoning Appeals within ten calendar days after service of the notice, it shall be conclusively presumed to establish the junk motor and/or recreational vehicle has been abandoned and as a public nuisance and such vehicle may be removed immediately by the West Carrollton Police Department or their designee.

      (1)   The West Carrollton Police Department or their designee shall order the junk motor and/or recreational vehicle towed or otherwise removed from the property or place where found, if such owner fails or refuses to remove the junk motor and/or recreational vehicle within the applicable time period after service of notice. Thereafter such junk motor and/or recreational vehicle shall be treated as abandoned and shall be deemed forfeited, to be disposed of in accordance with this section or any relevant portion of the Ohio Revised Code.

      (2)   Prior to being removed, the abandoned junk motor and/or recreational vehicle shall be photographed by the Chief Code Enforcement Officer, or his or her designee or the Police Chief, or their designee. Such person shall record the make and model of the vehicle; the vehicle identification number when available, and shall detail the damage or missing parts or equipment to substantiate the value of $1,500 or less.

      (3)   The Police Department shall thereupon tow, remove, or cause to be removed such abandoned junk motor and/or recreational vehicle and shall immediately dispose of it to a vehicle salvage dealer, as defined in R.C. §4738.01, or a scrap metal processing facility, as defined in R.C. §4737.05, or to any other facility under contract with the city for disposal of such vehicles. The records and photographs relating to the abandoned junk motor and/or recreational vehicle(s) shall be retained by the City Police Department for a period of at least two years. The junkyard, scrap metal processing facility, or towing service in possession of such vehicle shall execute in quadruplicate an affidavit, as prescribed by the registrar of motor vehicles, describing the subject vehicle and the manner in which it was disposed of, indicating that all requirements of this section have been complied with, and filing the same with the Clerk of Courts of Montgomery County, Ohio. The clerk shall retain the original of the affidavit for the files, furnish one copy thereof to the registrar, one copy to the junkyard or other facility handling the disposal of the vehicle, and one to the City of West Carrollton Police Department, who shall file such copy with the records and photograph(s) relating to the vehicle.

      (4)   Any monies arising from the disposal of a junk motor and/or recreational vehicle in excess of the expenses resulting from the removal of the vehicle shall be credited to the general fund of the city. The city assumes no liability for towing costs not recovered by the sale of such vehicle.

(Ord. 3674, passed 8-11-20)

   (A)   Any notice issued pursuant to §§160.10, 160.11, 160.12 or 160.20 shall include:

      (1)   The name of the owner and/or other responsible person, the address of the premises, and the date the notice/order was issued;

      (2)   A statement of the determination with respect to the existence of a public nuisance;

      (3)   A statement requiring the owner and/or other responsible person to abate the public nuisance within the time period prescribed in §160.19;

      (4)   A statement advising of the right of the city to abate a public nuisance by either, (a) in accordance with §160.18 herein, or (b) in accordance with R.C. Chapter 3767. The Chief Code Enforcement Officer may with the approval of the Director of Planning and Community Development recommend to the City Manager and the Law Director that abatement of the public nuisance be commenced in the manner provided in R.C. Chapter 3767 after the time to file the appeal has expired;

      (5)   A statement that the owner and/or other responsible person has the right to appeal said notice and determination of the Chief Code Enforcement Officer, or his or her designee, to the Board of Zoning Appeals within ten business days and in accordance with §160.17, after receipt of service of notice.

(Ord. 3674, passed 8-11-20)

   (A)   Any notices required to be served under §§160.10, 160.11, 160.12 or 160.20 shall be served in accordance with §160.14(B).

   (B)   Unless otherwise specified herein, written notices pursuant to this chapter shall be served on the owner and/or other responsible person:

      (1)   Personally;

      (2)   By leaving notice with a person of suitable age and discretion at the usual place of residence of the person served;

      (3)   By certified mail, or commercial carrier service utilizing any form of delivery requiring a signed receipt, addressed to the owner or other responsible person(s) at the last known address as appearing in the records or databases of the City of West Carrollton, Ohio;

      (4)   By certified mail, or commercial carrier service utilizing any form of delivery requiring a signed receipt, addressed to the owner at the owner's tax mailing address as indicated on the county tax duplicate;

      (5)   By certified mail, or commercial carrier service utilizing any form of delivery requiring a signed receipt, addressed to the owner or other responsible person(s) at his or her address as determined by an examination of public records of Montgomery County, Ohio or the State of Ohio; or

      (6)   By posting a copy of the notice in a conspicuous place on the structure/building or premises to which it relates.

   (C)   If notices mailed are returned unserved, then a notice shall be published once a week for two consecutive weeks in a newspaper of general circulation.

   (D)   The Chief Code Enforcement Officer, or his or her designee, shall complete a certificate-of-service which shall set forth the name and address of the person served, the manner of service, and the date thereof.

(Ord. 3674, passed 8-11-20)

   Should the abatement of a public nuisance require the issuance of a building or demolition permit, said permit(s) shall be applied for by the owner and/or other responsible person within ten business days of receipt of service of notice, or within ten business days of the decision of the Board of Zoning Appeals affirming the determination if so appealed. The Chief Code Enforcement Officer or his or her designee or Board of Zoning Appeals may upon the showing of due cause by the owner and/or other responsible person, extend the time allowed to secure the required permit(s), said extension shall be in accordance with §160.19(B). Failure of the owner or other responsible person to secure a permit within the required time frame may result in the city abating the nuisance pursuant to §160.18.

(Ord. 3674, passed 8-11-20)

   (A)   Within 15 calendar days after it has been finally determined that a public nuisance exists as defined in §160.03(B):

      (1)   All persons responsible therefor shall vacate the premises;

      (2)   The owner shall initiate such legal action as is necessary to vacate all persons responsible therefor from the premises, and shall diligently prosecute such legal action to a conclusion.

   (B)   After the last person responsible for the public nuisance has vacated the premises, the owner shall keep such premises vacant for a period of up to 365 calendar days, unless, the owner and every person responsible for the public nuisance who wishes to occupy the premises, each file a bond naming the City of West Carrollton, Ohio as oblige, with sureties to be approved by the Chief Code Enforcement Officer. The bond shall be in the amount of the value of the property, as determined by the Chief Code Enforcement Officer. The Chief Code Enforcement Officer may make such determination on the basis of the total market value of the land and improvements, as shown on the Montgomery County auditor's current valuation record, or on the basis of any other reliable evidence. The bond shall be conditioned that such owner and other responsible persons responsible for the nuisance will immediately abate such public nuisance and prevent the same from being established or kept during the 365 day period. The bond shall be posted for a full 365 days.

(Ord. 3674, passed 8-11-20)

   (A)   The owner or other responsible person named on a notice may within ten business days after receipt of notice, make demand in writing to the Chief Code Enforcement Officer for a hearing on any legal or factual issues related to the nuisance notice, or any question set forth in §160.17(B)(2)(d), or any determination made by the Chief Code Enforcement Officer, or his or her designee pursuant to the authority granted by this chapter. The demand shall include the correct mailing address of the owner, other responsible person, or person representing the owner or other responsible person and shall be accompanied by the appeal fee set forth in §37.29(A)(10) of the Codified Ordinances of the City of West Carrollton. The hearing shall be scheduled within a reasonable time, not to exceed 60 days following the receipt of the written demand.

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

      (1)   In an appeal concerning public nuisances defined in §160.03(A), the Board may vote to:

         (a)   Sustain the determination that a public nuisance exists on the premises and order the abatement thereof by repair, replacement or removal of the items found to constitute a public nuisance, or order the abatement thereof by demolition;

         (b)   Sustain the determination that a public nuisance exists on the premises and order that the structure be secured and the premises maintained so as to lessen the severity of the public nuisance;

         (c)   Continue the matter for a period not to exceed 45 days for further investigation and disposition;

         (d)   Take such other action and render such other orders as it deems appropriate within the authority conferred by this chapter; or

         (e)   Reverse the finding that a public nuisance exists on the premises and dismiss the case.

      (2)   In an appeal concerning public nuisances defined in §160.03(B), the Board may vote to:

         (a)   Sustain the finding that a public nuisance exists on the premises and order the abatement thereof;

         (b)   Take such other action and render such other orders as it deems appropriate within the authority conferred by this chapter;

         (c)   Reverse the finding that a public nuisance exists on the premises and dismiss the case; or

         (d)   Determine that the owner of the real property or personal property used in furtherance of the public nuisance was, in good faith, innocent of knowledge of the use of such property as a nuisance and that, with reasonable care and diligence, such owner could not have knowledge thereof, and dismiss the case with respect to that owner.

   (C)   A copy of the decision of the Board shall be mailed, via certificate of mailing, to the last known address of the owner, other responsible person or person representing the owner or other responsible person, who demanded the hearing. It shall be the responsibility of the owner, other responsible person or person representing the owner or other responsible person, to keep the secretary of the Board appraised of their current mailing address. For purposes of appeal pursuant to R.C. Chapter 2506, the final order shall be deemed to have been entered on the date on which the copy of the decision was mailed.

(Ord. 3674, passed 8-11-20)

   (A)   Should a public nuisance not be abated at the expiration of the time stated in the notice, Board decision, or expiration of the time stated in the compliance agreement, or any extension granted by the Chief Code Enforcement Officer, or his or her designee, or such additional time as the Board of Zoning Appeals may grant, the Chief Code Enforcement Officer, or his or her designee, with the approval of the Director of Planning and Community Development and City Manager, shall have the authority at any time thereafter to enter on the premises and abate the nuisance by demolition, removal, or such other action appropriate to abate or lessen the severity of the nuisance. Should the owner or other responsible person fail to permit such entity, the Chief Code Enforcement Officer, or his or her designee shall petition a court of competent jurisdiction for a warrant as provided for in R.C. §2933.21. In abating such nuisance, the Chief Code Enforcement Officer, or his or her designee, with the approval of the Director of Planning and Community Development and City Manager, may call upon any department, or division of the city for whatever assistance necessary to abate such nuisance. The Chief Code Enforcement Officer, or his or her designee, with the approval of the Director of Planning and Community Development and City Manager, may also privately contract for the services to take such action as may be deemed appropriate to abate or lessen the severity of the public nuisance. The cost of the contract will be paid for from the city funds specifically authorized by the City Manager to be used for that purpose. Should the nuisance structure or premises catch fire between the time it is declared a public nuisance and is fully abated, the cost of abating or lessening the severity of the public nuisance shall include the reasonable city expenses incurred by the Fire Department. The city shall recover the cost of abating or lessening the severity of such public nuisance in the manner provided for in division (B) of this section.

   (B)   The city shall recover the cost of abating or lessening the severity of such public nuisance, or other action taken by the city pursuant to §160.21, in the following manner:

      (1)   The city shall invoice the owner and/or other responsible person(s) directly by certified mail, or any other method of providing notice authorized under §160.14, for the cost incurred for abating or lessening the severity of such public nuisance to include an administration fee assessed at the current rate as set forth in Chapter 37, General Fees Schedule of the Codified Ordinances of the City of West Carrollton. The owner and/or other responsible person(s) shall pay the invoice with 30 days after receipt of same.

      (2)   If the invoice is not paid within 30 days, the city may collect the cost by any of the following methods:

         (a)   The city may levy an assessment and recover in accordance with R.C. §715.261 the cost of abating or lessening the severity of such public nuisance; or

         (b)   The city may bring a civil action to recover the cost from the owner or other responsible person(s) as provided for in R.C. §715.261.

(Ord. 3674, passed 8-11-20)

   (A)   Any owner and/or other responsible person served with a notice to abate a public nuisance shall abate said nuisance immediately or within such time frame as the Chief Code Enforcement Officer may deem necessary.

   (B)   If a written request for an extension of the compliance deadline is received at least 24 hours prior to the compliance deadline, the Chief Code Enforcement Officer, at their discretion, may grant up to a 30 day extension to the time originally permitted to complete the abatement. An extension of time beyond 30 days for good cause shall require a compliance agreement with the owner. Said agreement will include a list of all required work and a time frame for completion of each item and shall not exceed a 90 day time period.

(Ord. 3674, passed 8-11-20)

   (A)   Upon the failure of the owner or other responsible person to abate the nuisance within the time period outlined in the notice to abate, or such other time period as may be granted by the Chief Code Enforcement Officer, and a review and concurrence by the Chief Code Enforcement Officer and the Director of Planning and Community Development, the Chief Code Enforcement Officer shall issue a notice of demolition to the owner or other responsible person. Said notice shall advise the owner that the notice of demolition is a final order, and failure to abate the nuisance within 30 days of service of the notice of demolition, the city shall be authorized, at any time thereafter, to enter on the premises and abate the nuisance by demolition. Should the owner fail to permit such entity, the Chief Code Enforcement Officer, or his or her designee shall petition a court of competent jurisdiction for a warrant as provided for in R.C. §2933.21. In abating such nuisance, the Chief Code Enforcement Officer, or his or her designee, with the approval of the Director of Planning and Community Development and City Manager, may call upon any department, or division of the city for whatever assistance necessary to abate such nuisance. The Chief Code Enforcement Officer, or his or her designee, with the approval of the Director of Planning and Community Development and City Manager, may also privately contract for the services to take such action as may be deemed appropriate to abate or lessen the severity of the public nuisance. The cost of the contract will be paid for from the city funds specifically authorized by the City Manager to be used for that purpose. Should the nuisance structure or premises catch fire between the time it is declared a public nuisance and is fully abated, the cost of abating or lessening the severity of the public nuisance shall include the reasonable city expenses incurred by the Fire Department. The city shall recover the cost of abating or lessening the severity of such public nuisance in the manner provided for in division (B) of this section.

   (B)   The city shall recover the cost of abating or lessening the severity of such public nuisance, or other action taken by the city pursuant to §160.21, in the following manner:

      (1)   The city shall invoice the owner and/or other responsible person(s) directly by certified mail, or any other method of providing notice authorized under §160.14, for the cost of abating or lessening the severity of such public nuisance to include an administration fee assessed at the current rate as set forth in §37.40, General Fees Schedule of the Codified Ordinances of the City of West Carrollton. The owner and/or other responsible person shall pay the invoice with 30 days after receipt of same.

      (2)   If the invoice is not paid within 30 days, the city may collect the cost by any of the following methods:

         (a)   The city may levy an assessment and recover in accordance with R.C. §715.261 the cost of abating or lessening the severity of such public nuisance; or

         (b)   The city may bring a civil action to recover the cost from the owner or other responsible person(s) as provided for in R.C. §715.261.

   (C)   When any nuisance structure/building has been ordered demolished and removed, the city may sell the salvaged and valuable materials from the nuisance structure/building or retain for city use. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.

   (D)   All demolition activity shall be performed pursuant to §158.11 of the City of West Carrollton Property Maintenance Code.

(Ord. 3674, passed 8-11-20)

   This section incorporates, adopts by reference, and makes part of this chapter with the same force and effect as though set out in full herein, the procedures contained in R.C. §3929.86(C) and (D) relating to recovery of costs incurred by the city in repairing, removing, or securing fire damaged buildings or other structures.

(Ord. 3674, passed 8-11-20)

   (A)   No owner or other responsible person shall occupy, let, permit to be occupied, or let by another for occupancy any structure or premises declared by the Chief Code Enforcement Officer, or his or her designee to be a public nuisance without first applying for and obtaining the written consent of the Chief Code Enforcement Officer, or his or her designee. The Chief Code Enforcement Officer, or his or her designee, shall consent when:

      (1)   All violations of all housing, building and other health and safety codes of the City of West Carrollton and the State of Ohio have been corrected, and

      (2)   When any injunctions obtained against use or occupancy have been dissolved, and

      (3)   When all parties have complied with all applicable requirements of §160.16 herein.

(Ord. 3674, passed 8-11-20)

   (A)   No owner or other responsible person shall enter or be present in or on any structure/building or premises that has been posted with a notice/placard identifying the said structure/building or premises to be a public nuisance, without first obtaining authorization in writing from the Chief Code Enforcement Officer and having such written authorization on his or her person at the time.

   (B)   It shall be an affirmative defense to a violation of this section that the person was the owner, or was authorized by the owner to be present on said premises or in said structure/building, and that one of the persons present had the required written authorization on his or her person at the time.

   (C)   The officers, agents, and employees of the city, state, or federal government, or any political subdivision or of any public utility shall be exempt from the requirements of the section while in the course of their employment.

   (D)   Written authorization, as provided in this section, shall be issued by the Chief Code Enforcement Officer, or his or her designee to any person who provides documentation, on its face, that such a person is either an owner of the premises and/or structure/building, or is authorized by the owner to be present, or to any person who applies and pays for the permit to do the work on the premises and/or structure/building.

   (E)   Written authorization, as provided in this section, shall not be issued in connection with any properly which has been declared a public nuisance as provided in this chapter, unless all parties have complied with all applicable requirements of §160.16.

   (F)   The issuance of an authorization provided for herein shall not be construed to create a privilege, as that term is used in R.C. §2911.21, nor shall this section be deemed to have any effect whatsoever on the interpretations or application of R.C. §2911.21.

(Ord. 3674, passed 8-11-20)

   (A)   Any premises, or structure/building determined to be a public nuisance shall be posted with a placard bearing the words "Public Nuisance - Keep Out". Said placard shall also bare a statement of the penalties for occupying said premises or structure/building without the approval of the Chief Code Enforcement Officer or court having jurisdiction.

   (B)   Placard removal. Only the Chief Code Enforcement Officer, or his or her designee are authorized to remove a placard. Placard removal shall only take place once abatement has been completed.

(Ord. 3674, passed 8-11-20)

   It shall be unlawful for the owner of any premises, building, structure and/or hazard who has received a written notice declaring such premises, building, structure and/or hazard a public nuisance, to sell, transfer, lease or otherwise dispose of such premises, building and/or structure to another until the premises, building, structure and/or hazard have been rehabilitated or demolished, and until any injunctions obtained against use or occupancy have been dissolved, or until the owner has first furnished the grantee, transferee, or lessee a true copy of the said notice, and has furnished to the Chief Code Enforcement Officer a signed and notarized statement from the grantee, transferee, or lessee, acknowledging the receipt of such notice and accepting the responsibility for abating the nuisance by rehabilitation, demolition, or otherwise in conformity with the terms of such notice, or extension thereof granted by Chief Code Enforcement, Appeals Board, or court.

(Ord. 3674, passed 8-11-20)

   A violation of §§160.03, 160.16, 160.20, and 160.25 shall be construed to be a strict liability offense.

(Ord. 3674, passed 8-11-20)

   In any case in which it is necessary to prove that a property is a public nuisance as defined in §160.03, evidence as to the reputation of such place shall be admissible on the question of whether the properly is or is not a public nuisance, and every owner and other responsible person responsible for the premises shall be presumed to have knowledge of the reputation of the place.

(Ord. 3674, passed 8-11-20)