4111.90 - Procedure for finding a public nuisance.
A. Whenever the director determines that there exists a public nuisance, as defined in Section 4101.16, 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 Chapter 4109, excepting Section 4109.08, then prior to declaring a public nuisance under this section the Director shall confirm that appropriate notices have been issued in accordance with Chapter 4109 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 Building 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 building commission.
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 4111.995 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 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 building commission, shall be evidence that the owner received the notice.
E. Right of appeal to the building commission.
1. A notice of violation issued pursuant to this section may be appealed to the building commission by the filing of a notice of appeal with the department within 15 days of service of the notice of violation.
2. Upon the filing of a timely notice of appeal, the building commission shall conduct a hearing on the appeal within 45 days unless a continuance is requested by either party and granted by the chair of the commission. 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 building commission shall render its decision in writing, including conclusions of fact and law, within five days of the date of the hearing. The decision of the building commission may reverse, modify or affirm the order and action of the director.
3. Decisions of the building commission 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 Building 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. 1692-98 § 6; Ord. No. 2714-2014, § 2, 12-15-2014; Ord. No. 2019-2021, § 1, 7-26-2021)
