CLAYTON — In order to increase its ability to deal with properties deemed to be a public nuisance city council adopted an ordinance to address such properties at it February 18 meeting.
“This ordinance allows us to go in and abate nuisances much quicker, not through the civil or criminal courts,” said City Planner Jennifer Barclay.
The ordinance states that when the Code Enforcement Officer determines that a premises within the City constitutes a public nuisance as defined in Section 1305.02, the Code Enforcement Officer shall give notice to the owner, occupant or person having charge of the premises upon which the violation(s) occurs to cease such violation(s). Such notice shall be in writing and shall be served upon the owner, occupant or person having charge of the premises either personally or by certified mail, RRR addressed to such person’s last known place of residence. In the event the certified mail envelope is returned, then service shall be sent by ordinary mail and the mailing shall be evidenced by a certificate of mailing which shall be filed with the Code Enforcement Officer. The notice shall describe with reasonable certainty the premises deemed to be a public nuisance, specify the conditions constituting the public nuisance and the remediation necessary to abate the public nuisance.
The owner, occupant or person having charge of the premises has fourteen (14) days from the date the notice was issued to take all necessary actions to fully and completely abate the public nuisance. If the public nuisance is not fully and completely abated within the compliance period then the city and/or its authorized agent, may enter upon the premises and take all actions necessary to fully and completely abate the public nuisance, including but not limited to, removal and disposal of junk, inoperable or unlicensed vehicle(s), rubbish or garbage. The City may, but is not required, to store any items removed for a period of thirty (30) days.
Stored items may be retrieved by the owner, occupant, or person having charge of the premises within the above referenced thirty (30) day period. The owner, occupant, or person having charge of the premises shall be required to pay for all costs associated with storage. The owner, occupant, or person having charge of the premises shall be required to pay for the entire cost of abatement, including but not limited to, costs of removal and disposal.
If the billed costs are not recovered within 30 days of receipt of the mailing described herein, then the City may collect the costs in accordance with the Ohio Revised Code. The City may also direct the Law Director to institute legal action to collect the amounts owed.
“This greatly helps us with the situation we had with some residences a couple of weeks ago,” said Mayor Joyce Deitering.