ADMINISTRATION AND ENFORCEMENT

Columbus City Codes tit. 47, ch. 4701

in effect

Columbus City Codes § 4701.01 Title.

4701.01 - Title. This chapter shall be known as the "Nuisance Abatement Code" of the city of Columbus, hereafter referred to as the Nuisance Abatement Code or this code. (Ord. 0946-04 § 2 (part); Ord. 897-05 § 1 (part).)

Columbus City Codes § 4701.03 Purpose.

4701.03 - Purpose. The purpose of this code is to protect the public's health, safety and welfare and to prevent the blighting of the city's neighborhoods. (Ord. 0946-04 § 2 (part).)

Columbus City Codes § 4701.05 Relationship to other regulations.

4701.05 - Relationship to other regulations. This code shall not be construed to prevent the enforcement of other provisions of Columbus City Codes or the Ohio Revised Code that prescribe standards other than are provided in this code. (Ord. 0946-04 § 2 (part).)

Columbus City Codes § 4701.07 Enforcement.

4701.07 - Enforcement. A. The director in enforcing provisions of this code is authorized and directed to make inspections either in response to a complaint alleging the existence of a public nuisance or when the director has reasonable grounds to believe a public nuisance exists. B. Upon presentation of proper credentials and when permission is granted by a person who represents the person who has authority to grant permission, the director may enter any building, premises or real estate, including vacant land, or any appurtenance thereto in the city of Columbus to perform any duty imposed upon the director by this code. Absent such permission the director may apply to a judge of a court of record, pursuant to Ohio Revised Code Section 2933.21(F), for a search warrant to conduct an inspection. C. Every occupant of a building, premises or real estate or any appurtenance thereto shall give the owner access to any part of the building, premises or real estate or any appurtenance thereto at all reasonable times for the purposes of making an inspection or maintenance, repair or alteration of the building, premises or real estate of any appurtenance thereto as are necessary to comply with this code. D. The identification of a person who makes a complaint pursuant to this code shall be kept confidential and shall not be subject to disclosure under Ohio Revised Code Section 149.43 (Ord. 0946-04 § 2 (part); Ord. 897-05 § 1 (part); Ord. No. 2019-2021, § 1, 7-26-2021)

Columbus City Codes § 4701.08 Inspection and powers.

4701.08 - Inspection and powers. Whenever the director determines a vacant building or structure constitutes a public nuisance, or hazardous building or structure, the director shall affix to such building or structure upon or adjacent to the door or entrance thereto, a placard on which shall be printed a declaration that such building or structure is a public nuisance or hazardous building, and the director may do any of the following: A. Serve notice pursuant to C.C. Section 4701.09; and/or B. Not withstanding other enforcement actions that have been undertaken pursuant to Chapter 4701 or other provisions of Columbus City Codes or Ohio Revised Code, notify the chairperson of the safe neighborhood review board who shall cause a hearing to be held by the board on the question of the existence of a public nuisance building or structure and whether and how such public nuisance building or structure, if found to exist, should be abated; or C. Not withstanding other enforcement actions that have been undertaken pursuant to Chapter 4701 or other provisions of Columbus City Codes or Ohio Revised Code, cause to be filed in the environmental division of the Franklin County Municipal Court a civil complaint for injunctive relief seeking abatement of the public nuisance building or structure; and/or, D. Not withstanding other enforcement actions that have been undertaken pursuant to Chapter 4701 or other provisions of Columbus City Codes or Ohio Revised Code, cause to be filed in the environmental division of the Franklin County Municipal Court a criminal complaint. E. Not withstanding other enforcement actions that have been undertaken pursuant to Chapter 4701 or other provisions of Columbus City Codes or Ohio Revised Code, enter onto the property and cause the conditions that create the public nuisance or hazardous buildings or structures to be abated by city personnel or private contractor and may charge the costs of such correction as a lien upon the owner 's building, structure, premises, or real estate, to include vacant land. (Ord. 374-06 § 1; Ord. No. 2019-2021, § 1, 7-26-2021)

Columbus City Codes § 4701.09 Notice of violation.

4701.09 - Notice of violation. A. Whenever the director determines there exists a public nuisance as defined in Section 4703.01(F), the director may issue a notice of violation to the owner of the building, structure, premises or real estate, including vacant land, or appurtenance thereto setting forth the conditions that cause the building, premises or real estate, including vacant land, or appurtenance thereto to be a public nuisance and advising the owner that such conditions must be corrected. Such notice of violation shall: 1. Be in writing; 2. Describe the building, structure, premises or real estate, including vacant land, or appurtenance thereto alleged to be a public nuisance; 3. Identify the sections of the Ohio Revised Code or the Nuisance Abatement, Building, Housing, Air Pollution, Sanitation, Health, Fire or Safety Code or regulation whose violation create a condition or conditions on the building, structure, premises or real estate, including vacant land, and appurtenances thereto that cause the building, structure, premises or real estate, including vacant land, or appurtenance thereto, to be a public nuisance; 4. Order the owner to abate the conditions; 5. Specify a reasonable time for compliance with the order to abate; 6. Advise the owner of the right to appeal the notice of violation pursuant to Section 4701.13 of this chapter, and that the owner has the right to have a hearing before the property maintenance appeals board in connection with their appeal. a. Except as otherwise specified in Section 4701.11, upon the owner appealing a Notice of Violation, any enforcement action seeking compliance with an order shall be stayed until after the initial hearing in connection with the owner's appeal. Property maintenance appeals board hearing dates, times, and locations shall be established in compliance with C.C. Section 4509.03. 7. Advise the owner that if the order to abate the conditions indicated in the notice of violation is not complied with by the specified date of compliance, the director may: a. Initiate a civil and/or criminal action against the owner, or b. Cause the conditions indicated in the notice of violation to be corrected by city personnel or private contractor and charge the costs of such correction as a lien upon the owner's building, structure, premises or real estate, to include vacant land, or appurtenance thereto, or c. Cause to be filed with the safe neighborhood review board a complaint seeking an order to have the notice enforced. The director may cause to be filed with the safe neighborhood review board a request for a hearing to determine whether the building, structure, premises or real estate, to include vacant land, or appurtenance thereto, is a public nuisance whether or not a notice of violation has been served on the owner. B. When a notice of violation is served it shall be served upon the owner by any one of the following methods: 1. Personal service; 2. Certified mail, return receipt requested; 3. Residence service at the owner's address by leaving a copy of the suitable age and discretion then residing therein; 4. Publication in a newspaper of general circulation in Franklin County: a. The notification shall be published a minimum of once per week for three (3) consecutive weeks, b. A copy of the newspaper with a copy of the notice marked, shall be mailed to the party at the last known address and the notice shall be deemed received as of the date of the last publication; 5. Regular mail service to an address that is reasonably believed to be a place of residence of the owner or a location at which the owner is reasonably believed to receive mail regularly; 6. Posting of the notice of violation on the building, premises or real estate, or appurtenance thereto, except that if the building, premises or real estate is vacant or vacant land, then the notice shall be posted on the building, premises or real estate or vacant land and one of the above methods of service shall also be used. C. When the notice of violation has been served, it shall be effective as to anyone having any interest in the building, premises or real estate whether recorded or not at the time the order was issued, and shall be effective against any subsequent owner as long as the conditions causing the building, premises or real estate, including vacant land, or appurtenances thereto exist and there remains a city record of the notice of violation in a public file maintained by the director. D. Written or oral acknowledgement by the owner of receipt of a notice of violation shall be evidence that the owner received the notice. An appeal of the notice by the owner pursuant to Section 4701.13 shall constitute evidence of written acknowledgement by the owner of service of the notice of violation. (Ord. 0946-04 § 2 (part); Ord. 897-05 § 1 (part): Ord. 374-06 § 2; Ord. 1132-2008 Attach. (part); Ord. No. 2019-2021, § 1, 7-26-2021)

Columbus City Codes § 4701.11 Emergencies.

4701.11 - Emergencies. A. Whenever the director finds that an emergency exists which requires immediate action to protect the public health and safety, the director shall issue a written order to the owner reciting the existence of such an emergency and requiring that such action as the director deems necessary be taken to meet the emergency. B. Such action as the director deems necessary to abate the emergency may include: 1. The immediate vacating of a building, premises or real estate by all inhabitants with the condition that the building, premises or real estate not be reoccupied until the director determines that the emergency no longer exists. 2. Action by the director using city or private contractor resources to abate the conditions causing the emergency. If in the opinion of the director such action includes demolition of the building or premises or appurtenances thereto because the building or premises or appurtenances thereto pose an imminent threat of collapse which has a high probability of causing injury or death to persons, the director shall immediately file a request for a temporary restraining order from the environmental division of the Franklin County Municipal Court seeking judicial approval to demolish the building or premises or appurtenances thereto. The director shall charge the costs of abatement as a lien against the building or premises or appurtenances thereto and/or may recover the costs against the owner in a civil action. C. The written order issued by the director shall be posted on the building, premises or real estate, to include vacant land, or appurtenances thereto, where the emergency is alleged to exist. Additionally the director shall make every reasonable effort to personally serve the owner with the order. D. Notwithstanding other provisions of this code, such order shall be effective immediately and shall be complied with immediately. E. The owner has the right to immediately appeal the emergency order to the environmental division of the Franklin County Municipal Court, but such appeal does not waive the owner's requirement to immediately comply with the order. F. If the owner appeals the emergency order, the burden is on the director to prove by clear and convincing evidence that an emergency existed which required immediate action on the part of the owner. The owner has not burden to prove there was not an emergency. If the environmental division of the Franklin County Municipal Court has issued to the director a temporary restraining order approving demolition, an owner's appeal will not stay the court's order. (Ord. 0946-04 § 2 (part); Ord. 897-05 § 1 (part); Ord. No. 2019-2021, § 1, 7-26-2021)

Columbus City Codes § 4701.13 Appeals of notice of violations.

4701.13 - Appeals of notice of violations. Appeals of any notice of violation for an alleged violation of this Nuisance Abatement Code issued by the department shall be made in writing within fifteen (15) days of the date service of the notice of violation, pursuant to the requirements prescribed in Columbus City Code Chapter 4509. Any person affected by a notice of violation in connection with this Nuisance Abatement Code may request and shall be granted a hearing before the property maintenance appeals board on all matters set forth in such notice of violation. (Ord. 0946-04 § 2 (part); Ord. 897-05 § 1 (part); Ord. No. 2328-2021, § 36, 9-20-2021)

Columbus City Codes § 4701.15 Prohibition against failure to comply with notice of violation.

4701.15 - Prohibition against failure to comply with notice of violation. No owner shall fail to comply with any notice of violation, and no owner or other person shall obstruct or interfere with the enforcement of the notice. (Ord. 0946-04 § 2 (part); Ord. 897-05 § 1 (part).)

Columbus City Codes § 4701.17 Reserved.

Columbus City Codes § 4701.19 Severability.

4701.19 - Severability. The provisions of this chapter shall be deemed severable; and, if any such provision shall be held unconstitutional by a court of competent jurisdiction the decision of such court shall not impair any of the remaining provisions. (Ord. 0946-04 § 2 (part).)

Columbus City Codes § 4701.90 Procedures for finding a public nuisance.

4701.90 - Procedures for finding a public nuisance. A. Whenever the director determines that there exists a public nuisance, as defined in section 4703.01(F), or when notices issued pursuant to sections 4701.09, 4701.11 or 4709.05 do not alleviate such determination, the director shall issue a notice of violation to the owner of the structure setting forth the conditions that cause the structure to be a public nuisance and advising the owner that the public nuisance must be abated. If the conditions that cause the structure to be a public nuisance include violations of the Nuisance Abatement Code, then prior to declaring a public nuisance under this section the director shall confirm that appropriate notices have been issued in accordance with sections 4701.09, 4701.11 or 4709.05 and shall document non-compliance with said notices. Such notice of violation shall: 1. Be in writing; 2. Describe the structure alleged to be a public nuisance; 3. Identify the sections of the Ohio Revised Code or the Nuisance Abatement Code of which the structure is in violation and specific conditions which are the basis for the determination that the structure is a public nuisance; 4. Order the owner to abate the public nuisance and identify the specific conditions that must be corrected in order to constitute abatement; 5. Specify a reasonable time for compliance with the order to abate; 6. Advise the owner of the right to appeal the notice of violation to the property maintenance appeals board; 7. Advise the owner that if the order to abate the conditions indicated in the notice of violation is not complied with by the specified date of compliance, the director may do any, or all, of the following: a. Initiate a civil and/or criminal action against the owner to enforce the order. b. Cause the conditions indicated in the notice of violation to be corrected by city personnel or private contractor and charge the costs of such correction as a lien upon the owner's structure or land, including but not limited to correction by demolition of the structure. c. Assess a civil penalty against the owner pursuant to section 4709.995 of $1,000.00 for each calendar day that the owner fails to comply with the order to abate the public nuisance by the specified date as required in the notice of violation. B. When a notice of violation is served it shall be served upon the owner by any one of the following methods: 1. Personal service; 2. Certified mail, return receipt requested; 3. Residence service at the owner's address by leaving a copy of the notice of violation with a person of suitable age and discretion then residing therein; 4. Publication in a newspaper of general circulation in Franklin County: a. The notification shall be published a minimum of once per week for three (3) consecutive weeks; and b. A copy of the newspaper with a copy of the notice marked, shall be mailed to the party at the last known address and the notice shall be deemed received as of the date of the last publication; 5. Regular mail service to an address that is reasonably believed to be a place of residence of the owner or a location at which the owner is reasonably believed to receive mail regularly; 6. Posting of the notice of violation on the structure, except that if the structure is vacant, then the notice shall be posted on the structure and one of the above methods of service shall also be used. C. When the notice of violation has been served as provided herein, it shall be effective as to any person having any interest in the structure whether recorded or not at the time the order was issued, and shall be effective against any subsequent owner as long as the conditions specified in the notice of violation remain and the public nuisance has not been abated as ordered. D. Written or oral acknowledgement by the owner of receipt of a notice of violation, or appeal of the notice by the owner to the property maintenance appeals board, shall be evidence that the owner received the notice. E. Right of appeal to the property maintenance appeals board. 1. A notice of violation issued pursuant to this section may be appealed to the property maintenance appeals board by the filing of a notice of appeal with the department within fifteen (15) days of service of the notice of violation. 2. Upon the filing of a timely notice of appeal, the property maintenance appeals board shall conduct a hearing on the appeal within forty-five (45) days unless a continuance is requested by either party and granted by the chair of the board. At such hearing, the burden shall be on the director to prove by the preponderance of substantial, reliable, and probative evidence that the structure identified in the notice of violation is a public nuisance. The property maintenance appeals board shall render its decision in writing, including conclusions of fact and law, within five (5) days of the date of the hearing. The decision of the property maintenance appeals board may reverse, modify or affirm the order and action of the director. 3. Decisions of the property maintenance appeals board issued pursuant to this section may be appealed to the environmental division of the Franklin County Municipal Court pursuant to Ohio Revised Code Chapter 2506. F. Nothing in this section shall be construed to prohibit the director from pursuing the enforcement of any provision of this Nuisance Abatement Code or the Ohio Revised Code through any other remedy available by law, including but not limited to causing to be filed in the environmental division of the Franklin County Municipal Court a civil complaint for injunctive relief or a criminal misdemeanor complaint. (Ord. No. 1547-2019, § 1, 7-1-2019; Ord. No. 2019-2021, § 1, 7-26-2021)

Columbus City Codes § 4701.99 Criminal and civil penalties.

4701.99 - Criminal and civil penalties. A. Whoever violates any provision of this code is guilty of a misdemeanor of the first degree. B. Each calendar day a violation occurs or is permitted to continue shall constitute a separate offense. C. Strict liability is intended to be imposed for violation of this code. D. In addition to any criminal penalties a court may impose on an owner, an owner who fails to comply with a notice of violation shall incur a civil forfeiture of one hundred dollars ($100.00) for each calendar day that the owner fails to comply. The director may file a civil action styled "complaint for civil forfeiture" in the environmental division of the Franklin County Municipal Court seeking a court order to recover any accumulated civil forfeiture penalties. E. Nothing in this chapter shall be construed to prohibit the director from pursuing the enforcement of any provision of this Nuisance Abatement Code or the Ohio Revised Code through any other remedy available by law, including but not limited to causing to be filed in the environmental division of the Franklin County Municipal Court a civil complaint for injunctive relief or a criminal misdemeanor complaint. (Ord. 0946-04 § 2 (part); Ord. 897-05 § 1 (part); Ord. No. 3019-2016, § 6, 12-12-2016)

Columbus City Codes § 4701.995 Civil penalty; effect of appeal.

4701.995 - Civil penalty; effect of appeal. A. In addition to any other remedy or penalty provided in this Nuisance Abatement Code or the Ohio Revised Code, an owner who fails to comply with a notice of violation issued pursuant to sections 4701.09, 4701.11 or 4709.05 by the date specified in the notice may incur a civil penalty of $1,000.00 for each calendar day thereafter that the owner fails to comply with the order to abate the public nuisance as required in the notice of violation. The director shall provide notice to the owner prior to the assessment of a civil penalty as provided herein. Such notice shall state the date on which the assessment of a civil penalty will commence and shall be served on the owner as provided in section 4709.90(B). The director must document non-compliance with the notice of violation and abatement order for each day for which a civil penalty is to be assessed against the owner under this section. The director shall also document that prior to the issuance of the notice of civil penalty the director has personally conferred or attempted to confer with the owner in an effort to establish a reasonable period of time for the owner to comply and abate the hazard and the owner either did not comply or refused to meet or was unavailable. B. In addition to any other remedy available by law, the director may file a civil action in the environmental division of the Franklin County Municipal Court seeking a court order to recover any accumulated civil penalties. C. Upon the owner appealing a notice of violation to the property maintenance appeals board pursuant to section 4701.13, any enforcement action seeking compliance with the ordered abatement, including the collection of civil penalties pursuant to this section, shall be stayed until the property maintenance appeals board issues its decision on the appeal. Civil penalties incurred pursuant to this section shall continue to be assessed during the pendency of any appeal to the property maintenance appeals board and any subsequent court appeals, and shall be subject to collection upon a final judgment on the appeal. (Ord. No. 1547-2019, § 2, 7-1-2019; Ord. No. 2019-2021, § 1, 7-26-2021)

Source: City of Columbus, City Codes and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT47NUABCO_CH4701ADENFetched: 10/27/2026