PART TWO — HEALTH CODE
Title I — Nuisances And General Provisions
Chapter 209 — Property Nuisance
Complete to December 31, 2007CROSS REFERENCES
Notice to cut noxious weeds or remove litter, RC 731.51 et seq.
Destruction of weeds, RC 971.33 et seq.
Destruction of unsanitary articles, CO 203.04
Lot drainage; stagnant water, CO 203.06
Garbage, refuse and waste accumulations, CO 203.07
Litter on vacant lands, CO 613.15
209.01 Nuisance Plants, Refuse, and Surface Water
(a) The following conditions provide harborage and breeding grounds for pests or are otherwise conducive to the creation of human health problems, and are therefore declared to be nuisances which shall be removed or abated from any property on which they are found:
(1) Grass over 8 inches in height.
(2) Noxious weeds including Russian, Canadian, or common thistle; wild lettuce; wild mustard; wild parsley; ragweed; milk weed; iron weed; wild plants capable of causing skin reaction upon contact or of producing or aggravating hay fever, asthma, allergic respiratory reaction, or similar conditions; and all other noxious weeds.
(3) Refuse including trash, junk, garbage and food waste, offal, animal wastes, tires, and all other waste materials.
(4) Stagnant surface water.
(b) The owner, operator, or person in possession or control of the property shall remove or otherwise abate any nuisance described in this Section.
(c) Noxious weeds shall be abated by removal, by turning under the soil, by destruction through the use of herbicides, or by any other means approved by the Commissioner of Environment.
(Ord. No. 1017-97. Passed 6-16-97, eff. 6-24-97)
209.02 Notice Regarding Care of Vacant Lots and Lots with Vacant Building
(a) At least annually, the Commissioner of Environment shall cause a notice to be mailed to the last known address of the owner of each vacant parcel of land, or shall publish a notice in a newspaper of general circulation, advising owners, operators, and persons in possession or control of vacant parcels of the requirements of this Chapter regarding the care of property.
(b) The Commissioner of Environment may cause a notice to be mailed to the last known address of the owner of each parcel of land on which the main building or structure is vacant, or may publish a notice in a newspaper of general circulation, advising owners, operators and persons in possession or control of parcels of land on which the main building or structure is vacant, of the requirements of this Chapter regarding the care of the property. Vacant means that no person actually and legally resides in any part of the building or that no person conducts a lawful business in any part of the building.
(c) The notice shall describe each of the nuisances described in Section 209.01 and shall state that one or more of the following may occur beginning 30 days after the notice is mailed or published:
(1) That, if any nuisances exist and are not removed or otherwise abated, the Department of Parks, Recreation, and Properties, or its designee, may take any action necessary to abate the nuisance, and that the owner will be billed for all costs of the abatement.
(2) That property nuisances may be ticketed and that the violation is a minor misdemeanor.
(3) That other civil or criminal legal actions may be filed by the Commissioner of Environment to enforce nuisance violations, without additional notice.
(d) The above-described notice may be appealed to the Commissioner of Environment.
(Ord. No. 318-06. Passed 3-20-06, eff. 3-24-06)
209.03 Powers of the Commissioner Regarding Vacant Lots
Upon the finding of any nuisance described in this Chapter on a vacant parcel of land, the Commissioner of Environment may do one or more of the following:
(a) If the nuisance presents an imminent threat to public health, request that the Department of Parks, Recreation, and Properties immediately abate the nuisance without notice, and bill the owner for the costs of any abatement.
(b) If it is 30 days after the notice described in 209.02 is mailed or published, request that the Department of Parks, Recreation, and Properties abate the nuisance without further notice, and bill the owner for the costs of any abatement.
(c) Order the owner, operator, or person in possession or control of the property to abate the nuisance, giving a timeframe for compliance. If the abatement does not occur within the stated timeframe or if the action taken does not completely abate the nuisance, the Commissioner may request the Department of Parks, Recreation, and Properties, or its designee, to abate the nuisance and bill the owner for the costs of any abatement.
(d) Order the owner, operator, or person in possession or control of the property to install and maintain fencing or another similar barrier, in such a manner that the nuisance will be abated or will be kept from re-occurring.
(e) Issue a citation for the violation, under Rule 4.1 of the Ohio Rules of Criminal Procedure.
(f) Pursue any civil or criminal legal actions that may be necessary for the protection of the public health, safety, or welfare.
(Ord. No. 318-06. Passed 3-20-06, eff. 3-24-06)
209.04 Powers of the Commissioner Regarding All Other Property
Upon the finding of any nuisance described in this Chapter on a parcel of land that has a building or other structure on it, the Commissioner of Environment may do one or more of the following:
(a) If the nuisance represents an imminent threat to the public health, request that the Department of Parks, Recreation, and Properties immediately abate the nuisance without notice, and bill the owner for the costs of any abatement.
(b) If it is 30 days after the notice described in 209.02 is mailed or published, request that the Department of Parks, Recreation, and Properties abate the nuisance without further notice, and bill the owner for the costs of any abatement.
(c) Order the owner, operator, or person in possession or control of the property to abate the nuisance, giving a timeframe for compliance. If the abatement does not occur within the stated timeframe or if the action taken does not completely abate the nuisance, the Commissioner may request the Department of Parks, Recreation, and Properties, or its designee, to abate the nuisance and bill the owner for the costs of any abatement.
(d) Order the owner, operator, or person in possession or control of the property to install and maintain fencing or another similar barrier, in such a manner that the nuisance will be abated or will be kept from re-occurring.
(e) Issue a citation for the violation, under Rule 4.1 of the Ohio Rules of Criminal Procedure.
(f) Pursue any civil or criminal legal actions that may be necessary for the protection of the public health, safety, or welfare.
(Ord. No. 318-06. Passed 3-20-06, eff. 3-24-06)
209.05 Costs of Abatement; Liens on Property
(a) The Director of Parks, Recreation, and Properties, or his designee, after abating a nuisance under this Chapter shall bill the owner of the property for reimbursement of the costs of abatement. The bill shall be mailed to the owner's last known address, when the name and address of the owner are known.
(b) Costs that may be billed include inspection, records research, notification, collection agency fees, if any, and billing. A schedule of the costs shall be on file in the office of the Director of Parks, Recreation, and Properties, open for public inspection, and shall be published at least once in the City Record.
(c) If a bill is not paid within 30 days, or if the name or address of the owner is not known, the Director of Parks, Recreation, and Properties may certify that fact to the Commissioner of Assessments and Licenses. The Commissioner may make a written return to the County Auditor of the action under this Chapter, including a statement of the costs of the abatement services and a description of the property sufficient to allow the costs to become a lien on the property. If the Commissioner makes a return to the County Auditors, then the lien on the property shall be collected in the same manner as other taxes and returned to the City general fund in accordance with Revised Code Chapter 731.
(d) Nothing in this Section shall prevent the Director of Law from taking any other action necessary to collect the costs of abatement described by this Section.
(Ord. No. 903-06. Passed 5-22-06, eff. 5-26-06)
209.06 Appeals
(a) A notice or order issued by the Commissioner of Environment may be appealed to the Commissioner within 10 days after receipt of the notice or order. The Commissioner shall grant the appeal or conduct a hearing within 30 days. The Commissioner shall have jurisdiction to affirm, reverse or modify the notice or order. A person aggrieved by a final decision of the Commissioner may further appeal to the Board of Zoning Appeals within 30 days after the Commissioner's decision.
(b) A bill received from the Department of Parks, Recreation, and Properties may be appealed to the Director of the Department of Parks, Recreation, and Properties within 10 days after receipt of the bill. The Director shall grant the appeal or conduct a hearing within 30 days. The Director shall have jurisdiction to affirm, reverse or modify the bill. A person aggrieved by a final decision of the Director may further appeal the decision to the Board of Zoning Appeals within 30 days after the Director's decision.
(Ord. No. 1017-97. Passed 6-16-97, eff. 6-24-97)
209.99 Enforcement; penalties
(a) This Chapter may be enforced through civil or criminal legal proceedings. These remedies are in addition to any right the City may have under this Chapter to abate a nuisance and to recover the costs of the abatement.
(b) No person shall fall to abate a nuisance described in this Chapter.
(c) A violation of this Chapter shall be a minor misdemeanor.
(d) In addition to any other method of enforcement provided in this Chapter, this Chapter may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure.
(Ord. No. 318-06. Passed 3-20-06, eff. 3-24-06)