Resolution Adopting Regulations for the Abatement of Dangerous Properties
- Published: November 3, 2010
Miami Township Board of Trustees
WHEREAS, Section 505.86 of the Ohio Revised Code provides for the removal, repair or securance of buildings, or other structures in Miami township that have been declared unsecured, unsafe, or structurally unsound by any fire department under contract with the township or by the county department of building regulations, and
WHEREAS, the Board of Trustees of Miami Township desire to adopt regulations for the abatement of dangerous structures, and
WHEREAS, the Board of Trustees of Miami Township find that the adoption of such regulations to be in the interest of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Miami Township to adopt the following regulations for the abatement of dangerous properties as follows, effective immediately.
ABATEMENT OF DANGEROUS PROPERTIES
A. Policy Statement: It is the policy of Miami Township to encourage property owners to remove, repair, or secure any insecure, unsafe, defective structures or dangerous property. In cases where the property owner(s) fails to removed, repair or secure any dangerous property, the township may take action to remove, repair or secure those structures or dangerous property.
B. Definitions: For the purposes of this resolution, the following terms shall have meaning ascribe to them below:
1. Dangerous Property—Any structure or property that has been found to be insecure, unsafe or structurally defective.
2. Emergency—Any condition where there is an imminent threat to the public health, safety or welfare.
3. Enforcement Official—The Miami Township Zoning Inspector or any designate authorized by the Miami Township Board of Trustees.
4. Total Cost—Means any costs incurred due to the use of employees, materials, or equipment of the township, any cost arising out of contract for labor, materials, or equipment, and cost of service of the notice or publication as required in these regulations.
C. Procedure:
1. Inspections: Upon information that a structure or property is insecure, unsafe, or structurally defective, the enforcement official shall cause an inspection of the structure or property to be made. The following departments and agencies are authorized to make inspection pursuant to these regulations pursuant to these regulations to determine if a dangerous property exists:
a. The Miami Township Fire/Rescue Department
b. The Greene County Department of Building Regulations
c. The Greene County Combined Health District
d. Other authority responsible under Chapter 3781 of the Ohio Revised Code.
2. Notification: After an inspection of a structure or property is completed and upon receipt of a report to the township that a structure or property is insecure, unsafe, or structurally defective, a notice shall be made in the following manner.
a. By certified mail and regular mail with certification of mailing, or
b. If the owner(s) address is unknown and cannot be reasonably obtained, it shall be sufficient to publish the notice once in a newspaper of general circulation in the township.
3. Content of the Notice: Except as provided for in Paragraph D of these regulations, the notice sent to the property owner(s) and lien holder(s) of record, or published in the newspaper shall contain the following information:
a. The location of the dangerous property.
b. A general description of the type of dangerous property to which the notice applies.
c. That the dangerous property has been inspected and found to be insecure, unsafe, or structurally defective, and the specifics that make the dangerous property insecure, unsafe or structurally defective.
d. The property owner(s) or lien holder(s) of record have thirty (30) days from receipt of the notice, or the publishing of the notice in a newspaper of general circulation to remove, repair or secure the dangerous property as indicated in the notice, or to have entered into a agreement with the township to have the dangerous property removed, repaired or secured, or to have filed an appeal as provided for in Paragraph F of these regulations.
e. Upon expiration of the thirty (30) days, failure to remove, repair or secure the dangerous property, or have entered into an agreement with the township, or to have filed an appeal, shall be just cause for the enforcement official to have such dangerous property removed, repaired, or secured. All expenses incurred shall be approved by the Miami Township Board of Trustees and paid out of the General Fund.
4. Statement of Costs: Upon having a dangerous property removed, repaired or secured, the fiscal officer shall prepare and submit a statement to the property owner(s). The statement shall include an itemized listing of all costs incurred to abate the nuisance, along with the following information:
a. That the property owner(s) have thirty (30) days from receipt of the statement to pay all costs contained therein.
b. Failure of the property owner(s) to make full payment within thirty (30) days of receipt of the statement shall be cause for the township to have such costs placed upon the tax duplicate of that property as provided for, and in the manner prescribed by R.C. 505.86 (C-1), or the township may commence a civil action to recover the costs from the property owner(s), or the township may use insurance funds set-aside for such purposes as provided for in R.C. 3929.86(C) &(D).
5. Failure to Pay: Failure of the property owner to make full payment within thirty (30) days of receipt of the statement of cost, shall cause the township to direct the Fiscal Officer of Miami Township to certify the total costs and prepare a written report (to include a statement of all costs incurred) for submission to the Greene County Auditor to be placed on the tax duplicate for that property as provided for, and in the manner prescribed by R.C. 505.86(C-1), or the township may file a civil action to recover the total costs.
D. Emergency: If the Board of Trustees determines that a dangerous property constitutes an emergency, the notice shall contain the information required in Paragraph C.3 a, b, c and d above; however, notice may be given other than by certified mail and specify a compliance date for the removal, repair or securance of the dangerous property that is less than thirty (30) days.
Margaret Silliman, Fiscal Officer
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