§ 714-46. Abatement by City's Authorized Designee.

(a)

If the owner or person in control of property that has a violation of Section 714-35, 714-37 or 714-39 is notified of such violation pursuant to 714-41(a) and fails to comply with the requirements of such notice within the specified time period, then the property shall be shall be identified as an Abandoned Property as defined by Section 714-1-A, and the city manager or the city manager's designee may authorize a person who is not the owner or person in control of real property ("Authorized Designee") and who suspects that the property may be in violation of Section 714-35, 714-37, or 714-39 to remove the litter. Before entering onto the real property, the Authorized Designed must obtain written verification from the city manager or the city manager's designee of all of the following:

(1)

That the owner or person in control of the property has received a notice pursuant to Section 714-41(a) for failure to comply with Section 714-35, 714-37, or 714-39; and

(2)

That the owner or person in control has failed to comply with the requirements of such notice.

(b)

Upon receipt of a written verification from the city's designated public officer, the Authorized Designee may immediately cause any litter violation specified in Section 714-35, 714-37, or 714-39 to be removed.

(c)

An Authorized Designee,

(1)

is immune from suits for claims of civil liability for an act or omission related to the entry or to any action described in subsection (b) to the extent allowed by Ohio Revised Code Chapter 2744 et seq., unless the act or omission constitutes willful, wanton, or reckless misconduct; and

(2)

shall not be subject to prosecution by the city for criminal trespass and shall be deemed to be lawfully on the property.

(d)

The Authorized Designee shall report all expenses involved in the removal of such litter, including the cost of service of notice and inspection costs to the city manager or the city manager's designee, who shall in turn report all expenses to council.

(e)

The obligation of any mortgagee or person in control as defined in Section 1101-01 or Section 1123-01 to comply with all of the obligations of the applicable Building Code regulations is not modified by this Section.

(Ordained by Emer. Ord. No. 075-2015, § 4, eff. March 25, 2015)