§ 731-10. Abatement by City's Authorized Designee.

(a)

If the owner or person in control of property that has a violation of Section 731-3 is notified of such violation pursuant to Section 731-5 and fails to comply with the requirements of such notice within the specified time period, then the property shall be identified as an Abandoned Property as defined by Section 731-1-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 the property ("Authorized Designee") to cut weeds and/or turf grasses that exceed the height restrictions specified in Section 731-3. Before entering onto the property, the Authorized Designee must obtain written verification from the city's designated public officer of the following:

(1)

That the owner or person in control of the property has received a notice pursuant to Section 731-5 for failure to comply with the height restrictions specified in Section 731-3; 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 weeds and/or turf grasses that exceed the height restrictions specified in Section 731-3 to be cut, as set forth in Section 731-3.

(c)

An Authorized Designee:

(1)

Is immune from suits for claims for civil liability for an act or omission related to subsection (b) to the extent allowed by Ohio Revised Code Chapter 2744, et seq., unless the Authorized Designee's 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 destruction of such weeds and/or turf grass to the city manager or the city manager's designee, including the cost of service of notice and inspection costs, 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 applicable Building Code regulations is not modified by this Section.

(Ordained by Ord. No. 075-2015, § 1, eff. March 25, 2015)