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Nuisance Legislation Amended 4-25-11

 



 

JACKSON TOWNSHIP BOARD OF TRUSTEES, STARK COUNTY, OHIO

RESOLUTION

RESOLUTION NO. 11 -031                                                                                     ADOPTED: 4-25-11

SUBJECT: Amended Nuisance Legislation

The Board of Trustee of Jackson Township, Stark County, Ohio, met in regular session on the 25thday of April, 2011 with the following members present:
                                                                                                         
John E. Pizzino
                                                                                                         
James N. Walters
                                                                                                         
William M. Burger

Trustee Walters moved for the adoption of the following resolution:

BE IT RESOLVED THAT, pursuant to ORC Sections 505.86 and 505.87, we hereby amend the attached nuisance legislation to include and be placed on the tax duplicate the Stark County 1.25% collection fee and a $140 processing charge for certified mail, title search and other administrative costs relating to nuisance actions which is additional to abatement costs.

Trustee Burger seconded the motion and upon roll call the vote resulted as follows:
                                                                                                         Mr. Pizzino   Yes
                                                                                                         Mr. Walters  Yes
                                                                                                         Mr. Burger    Yes

The foregoing is a true and correct counterpart of Resolution Number 11-031, duly adopted on April 25, 2011 and filed with me as the Township Fiscal Officer on April 26, 2011.

Randy Gonzalez, Fiscal Officer

The foregoing resolution is approved as to form:

Neal Fitzgerald, Law Director

 

VEGETATION, GARBAGE, REFUSE AND OTHER DEBRIS

ORC Section 505.87 authorizes the Board of Trustees to provide for the abatement, control, or removal of vegetation, garbage, refuse and other debris from land in the township, if the Board determines that the owner’s maintenance of such vegetation, garbage, refuse and other debris constitutes a nuisance. The materials contemplated for regulation by this policy are separated into two primary topics of vegetation and refuse/debris and are defined and described on the attached lists. The policy to be followed in the administration of this legislation is as follows:

1.       Upon receipt of a written complaint or determination by the Zoning Inspector that the public safety or health is being affected the Zoning Inspector shall prepare a written report with a supporting description of the material contemplated by this policy, photographs and other documentation.

2.       Where a written report has been prepared as a result of a written complaint, the Zoning Inspector shall send the attached letter to the property owner which provides the property owner with a seven (7) day period from the letter mailing date to address with the Zoning Inspector the contents of the written report before the filing of the report with the Board of Trustees as required in subparagraph 3.

3.       After conclusion of the seven (7) day period described in subparagraph 2, the Zoning Inspector shall file the written report with the Board of Trustees along with any information supplied by the property owner and a public hearing date shall be established for the Board of Trustees’ determination of whether the questioned material is covered by this policy and further whether the accumulation or storage of this material constitutes a nuisance. Factors to be considered by the Board of Trustees in determining whether a covered material is a nuisance are:

(1)    A matter that endangers life or health, or

(2)    Obstructs the reasonable and comfortable use of surrounding properties. This is a community standard decision where the average property owner’s sensitivities would be the guild in reaching this decision. The determined sensitivity level must be balanced against the regulated property owner’s interest in the free use of their land. The nuisance standard is also relative according to the type of property owner being regulated and the surrounding property owner (residential, rural, commercial, industrial) and the character and extent of the potential interference with the use of surrounding properties.

The attached hearing notice, along with the written report and a copy of this policy shall be sent by certified mail to the owners of record and any holders of the legal or equitable liens of record upon the real estate.

4.       If, after the hearing described in subparagraph 2, the Board of Trustees determines that the subject material is contemplated by this policy and also constitutes a nuisance, the attached notice to abate the nuisance shall be sent by certified mail to the owners of record or holders of legal or equitable liens of record upon the real estate, at least seven days prior to the abatement, control or removal of the nuisance.

5.       After completion of the notification period required in subparagraph 4, if the owner of the land has failed to abate, control, or remove the vegetation, refuse or debris constituting a nuisance, the Board of Trustees shall provide for the abatement, control or removal of the nuisance unless the Board of Trustees has entered into an agreement with the owner of record or the holders of liens of record upon the real estate to perform the abatement, control or removal of the nuisance. In order to abate, control or remove said vegetation, refuse or debris, the Board of Trustees may employ the necessary labor, materials, and equipment to perform the task.

6.       The Board of Trustees shall approve all expenses so incurred and said expenses shall be paid from the township’s general fund with monies not otherwise appropriated. The attached report shall be prepared and filed with the county auditor summarizing the above expenses which said expenses, when allowed, shall be entered upon the tax duplicate by the county auditor along with a 1.25 percent collection fee and to also add a $140 processing charge for administrative costs associated with nuisance actions.

REFUSE/DEBRIS LIST

Discarded or Unlicensed Motor Vehicles

1.       Discarded or salvaged materials such as scrap metals.

2.       Dismantled motor vehicles and motor vehicle parts.

3.       Motor vehicle motors or engines.

4.       Motor vehicle doors, windows or body parts.

5.       Motor vehicle tires.

6.       Unlicensed motor vehicles.

Discarded or Use Building Materials, Household or Industrial Appliances

1.       Discarded or salvaged materials such as scrap metals.

2.       Used building materials

3.       Used lumber

4.       Used glass

5.       Plastic

6.       Iron

7.       Paper

8.       Rags

9.       Cordage

10.    Barrels

11.    Doors

12.    Gutters

13.    Windows

14.    Tires

15.    Roof Shingle

16.    Household or industrial appliances including, but not limited to ovens, stoves, refrigerators, furniture, washers, dryers, heating and air conditioning units.

VEGETATION LIST

1.       Dead plant material piled such that it emits objectionable and foul odors or presents a haven for rodents.

2.       Dead trees, shrubs or other plant material, if they should fall, which present a safety hazard to adjacent public or private property.

3.       Any vegetation which presents a sight distance safety hazard to motorists using either public or private streets or driveways.

4.       Any vegetation, which, because of its characteristics of growth, spreads onto adjacent property and cannot be controlled.

5.       Any grass or weeds on vacant lots in plotted subdivisions or on parcels less than ½ acre which lie adjacent to or between other ½ acre or less parcels on which homes are built, whenever more than 50 percent of the parcel of such vegetation exceeds twelve inches (12”) in height and a written complaint has been filed.

Filling of a lot or parcel for future development is permitted where:

1.       The fill corrects obvious low-lying topography.

2.       The fill consists of dirt, stone, concrete, or other material generally recognized as suitable for fill materials.

3.       The fill is dozed off and covered within fourteen (14) days so as to maintain a level surface, which covers all fill material.

4.       Filling does not present a traffic hazard.

5.       Filling does not adversely affect drainage of surrounding property owners as verified by Stark County Hydraulics Engineer. 

Sample Nuisance Violation Letter

Date: [date]

RE: Nuisance Violation

     Address: [address]
     Jackson Township

Dear Sir or Madam:

It has come to the attention of Jackson Township that there is a need to determine if the present condition of property located at the above-captioned address is in violation of the legislation adopted by the Board of Trustees pertaining to vegetation or refuse/debris nuisance. The legislation requires that a written report be prepared by the Zoning Department and filed with the Board of Trustees for their determination at a public hearing whether the subject items are described in the legislation and whether the condition constitutes a nuisance.

Enclosed please find a written report which has been prepared with respect to your property and a list of the items contemplated by the legislation. However, prior to filing of the written report with the Board of Trustees, the enclosed legislation provides that you are entitled within a period of seven (7) days from the mailing date of this letter to informally address with myself the contents of my report. After expiration of the seven (7) day period, the legislation provides that I am to file my written report with the Trustees along with any information you have provided.

Very truly yours,

Joni Poindexter
Jackson Township Zoning Inspector

 

Sample Memo

MEMO

TO:       Jackson Township Trustees                                                                                                        
FROM: Joni Poindexter
              Jackson Township Zoning Inspector

RE: Nuisance Report                                                                                               DATE: [Date]

[Name]
[Address]
[City, State, Zip]
[Parcel No.]

A complaint as to a nuisance condition which exists on the above-captioned property has been referred to me for inspection and report.

Upon inspection I found the following conditions on the property:
[conditions found on property]

The items listed above fall under the nuisance legislation adopted by the Trustees as refuse, debris or vegetation creating a nuisance and should be removed from the property. The property owner was notified on [date] and has failed to comply with the directives of the legislation.

To correct the violation the following steps may be taken:
[steps to correct violation]

The property is zoned [zoning classification]

The tax mailing name and address is as follows and notifications should be forwarded accordingly

 

 Sample Nuisance Hearing Letter

Date: [date]                                                                                                   MAILED CERTIFIED

Property Owner: [Owner of record]

RE: Property Located at [property address]

     Jackson Township, Stark County, Ohio

Dear:

Enclosed please find a copy of a written report filed by the Jackson Township Zoning Inspector declaring that you have accumulated, stored, or have existing on your property, relating to the enclosed legislation, [items listed] being stored on the property.

This is to inform you that a hearing has been set before the Board of Trustees on [date] at [time] for their determination of whether the questioned material is covered by this legislation and further whether the accumulation, storage, or existence of this material constitutes a nuisance.

At said hearing, the Board of Trustees will receive evidence from the Zoning Inspector concerning the accumulation, storage, or existence of the above described vegetation, refuse or other debris, and you will be provided with the opportunity to present any evidence on your behalf.

At the conclusion of the hearing, the Board of Trustees will make a determination as to what remedy, if any, will be ordered with respect to your property.

Sincerely,

President of Trustees

 

Sample Notice to Abate Nuisance Letter

NOTICE TO ABATE NUISANCE                                                                       MAILED CERTIFIED

(O.R.C. Section 505.87)

TO:[Property owner or record lienholder]

     [Address]

RE: [legal description of property]

On [date], the Board of Trustees of Jackson Township, Stark County, Ohio determined that a nuisance exists on the above-described property due to the owner’s maintenance of [description of nuisance] etc. being stored on the property.

The owner of such premises is hereby ORDERED to abate, control, or remove the miscellaneous discarded items, including but not limited to, [items], etc. being stored on the property, within seven (7) days of this notice. Pursuant to the Ohio Revised Code, you have the right to appeal this decision to the Stark County Common Pleas Court.

If such items are not abated, controlled, or removed within seven (7) days, this Board will provide for such abatement, control, or removal. Any expenses so incurred by this Board will be entered upon the tax duplicate and will be a lien upon the land from the date of entry.

You may contact this Board within seven (7) days and enter into an agreement with said Board providing for either party to the agreement to perform the abatement, control, or removal.

THERE WILL BE NO FURTHER NOTICE

BOARD OF TRUSTEES OF JACKSON TOWNSHIP, STARK COUNTY, OHIO

President:                                                                  Date:

Vice-President:

Trustee:

 Sample Report to Auditor

REPORT TO COUNTY AUDITOR OF TOWNSHIP
ACTION REGARDING ABATEMENT OF A NUISANCE
(In compliance with O.R.C. 505.87)

TO: STARK COUNTY AUDITOR

FROM: BOARD OF TRUSTEES OF JACKSON TOWNSHIP

DATE: [Date]

RE: [Legal description of property]

OWNER(s): [Property owners of record]

You are hereby notified that on [date], the Board of Trustees of Jackson Township determined that a nuisance existed on the captioned property due to the owner’s maintenance of [items] being stored on the property.

On [date], this Board ordered the owner of the land to abate, control, or remove such nuisance within seven (7) days. The owner having failed to do so, this Board provided for the abatement, control, or removal of such nuisance.

The expenses incurred by this Board were paid from the Township’s general fund after proper approval by this Board. A statement of expenses incurred included:

Labor, materials & equipment [dollar amount]
1.25% Collection Fee [dollar amount]
Processing Charge $140.00
TOTAL [Total fees]

You are hereby requested to enter allowable expenses upon the tax duplicate for the premises and to collect the expenses as other taxes to be returned to this Township.

 BOARD OF TRUSTEES OF JACKSON TOWNSHIP, STARK COUNTY, OHIO

President:                                               Date:

Vice-President:

Trustee :                                               Fiscal Officer: 

BUILDINGS OR STRUCTURES

ORC Section 505.86 provides the Board of Trustees with the authority to remove, repair, or secure buildings or other structures in the township that have been declared insecure, unsafe, or structurally defective or uninhabitable. The policy to be followed for the removal, repair or securing of said structures is as follows:

1.       Upon receipt of a written complaint or a determination by township fire department officials that a building or structure may be insecure, unsafe or structurally defective, a written declaration that such building or structure is insecure, unsafe or structurally defective with supporting reasoning, photographs and other documentation, must be made by:

a.       A Jackson Township Fire Department or official, or

b.       The Stark County Building Department

Before the above declarations are requested, the structure must be uninhabited and/or must not currently be in use for its intended purpose or able to be used for its intended use unless a present safety hazard to neighboring property owners, from collapse, fire or other hazard is presented. In determining whether a structure is insecure, factors that make the structure easily accessible because of missing doors, windows, or walls should be considered. In determining whether a building is unsafe or structurally defective, factors such as sagging or leaking roofs, missing doors or doors off hinges, building or foundation shifting should be considered.

2.       Upon receipt of a written complaint or a determination by the Board of Health that a building or other structure is unfit for human habitation, a written declaration that the building or structure is unfit for human habitation with supporting reasoning, photographs and other documentation shall be made by the Stark County Board of Health.

3.       Upon filing of the written reports required by parts 1 & 2 above, a public hearing date shall be established for the Board of Trustees determination of whether the building or structure shall be removed, repaired or secured, and the attached hearing notice, along with the written report shall be sent by certified mail to the owners of record and any holders of legal or equitable liens of record upon the real estate.

4.       If, after the hearing described in part 3, the Board of Trustees determines that the subject building is to be removed, repaired, or secured, the attached notice of its intention to remove, repair, or secure the declared unsafe, insecure, or structurally defective building shall be sent by certified mail, at least 30 days prior to the ordered removal, repair or securance to the owners of record and holders of legal or equitable liens of record upon the real property on which the building is located. If the Board of Trustees determines that a public emergency exists, they can require that the notice be given less than 30 days prior to the ordered removal, repair, or securance and by means other than certified mail.

5.       After completion of the notification period required by part 4, unless the Board of Trustees has entered into an agreement with the owners of record or the holders of liens upon the property to perform the removal, repair, or securance of the insecure, unsafe or structurally defective building, the Board of Trustees shall provide for the removal, repair or securance of the building or structure.

6.       To be determined by the Board of Trustees, the total township cost of removing, repairing, or securing the buildings or structures shall be recovered by either (A) the township fiscal officer sending the attached cost certification notice to the county auditor who shall place such cost on the tax duplicate along with 1.25 percent collection fee and to also add a $140 processing charge for administrative cost associated with nuisance actions by using the attached certification notice, or (B) authorize the commencement of a civil action to recover the total costs from the owner.

7.       Whenever a policy or policies of insurance are in force providing coverage against the peril of fire on a building or structure and the loss agreed to between the named insured or insures and the company or companies is more than five thousand dollars and equals or exceeds sixty percent of the aggregate limits of liability on all fire policies covering the building or structure on the property, the Jackson Township Fire Department shall accept security payments in accordance with the procedures of ORC Section 3929.86. Any security payments accepted shall be deducted from the total cost of removal, repair or securance.

  

Sample Letter

Date                                                                                                       MAILED CERTIFIED

Property Owner

RE: PROPERTY LOCATED AT [LOCATION] JACKSON TOWNSHIP, STARK COUNTY, OHIO, REAL ESTATE PARCEL NO. [parcel no.]

Dear:

Enclosed please find a copy of a written report filed by, [appropriate authority] declaring that the above-described building is [the determined problem].

This is to inform you that a public hearing has been set before the Board of Trustees of Jackson Township, Stark County, Ohio on [date], at [time] at the Jackson Township Administration Office for their determination of whether they will order the removal, repair or securance of the subject building.

At said hearing, the Board of Trustees will receive evidence from the [appropriate authority] concerning the [declared problem] and you will be provided with the opportunity to present any evidence on your behalf.

 At the conclusion of the hearing, the Board of Trustees will make a determination as to what remedy, of any, will be ordered with respect to your building.

Sincerely,

 

President

 

Sample Notice

NOTICE OF INTENTION TO REMOVE, REPAIR OR SECURE BUILDING OR STRUCTURE (In compliance with O.R.C. §505.86)

TO: [owner of land or record lienholder]

ADDRESS:

RE: [location of building]

On [date] declared that the building or structure at the captioned location is [findings].

The owner of such building or structure is hereby ORDERED to remove, repair, or secure such building or other structure with thirty (30) days after receipt of this notice.

If such building or other structure is not removed, repaired, or secured with thirty (30) days, this Board will provide for the removal, repair, or securance therof. Any expenses so incurred by this Board will be certified to the county auditor, who shall place such costs upon the tax duplicate where they shall be a lien upon such lands from the date of entry.

You may enter into an agreement with this Board within the next thirty (30) days to perform the removal of the insecure, unsafe, or structurally defective building or structure.

THERE WILL BE NO FURTHER NOTICE

BOARD OF TRUSTEES OF JACKSON TOWNSHIP, STARK COUNTY, OHIO

President                                                                                Date

Vice-President

Trustee

 

Sample Notice to Auditor

CERTIFICATION TO COUNTY AUDITOR

TOTAL COST INCURRED TO REMOVE, REPAIR, OR SECURE UNSAFE, INSECURE, OR STRUCTURALLY DEFECTIVE BUILDING OR STRUCTURE (In compliance with O.R.C. Section 505.86).

TO: STARK COUNTY AUDITOR

FROM:    BOARD OF TRUSTEES OF JACKSON TOWNSHIP

DATE:

RE: [Legal description of premises]

OWNER(S): [Owner(s) of record]

I, [Fiscal Officer], Fiscal Officer of the Board of Trustees of Jackson Township, Stark County, Ohio, hereby certify that the building or structure described in the caption hereof was declared to be [findings] by [department] on [date].

On [date], this board ordered the owner of the land to remove, repair, or secure a defective building or other structure located thereon within thirty (30) days. The owner having failed to do so, this board provided for the removal, repair, or securance thereof. The total costs incurred by this board are as follows:

Labor, materials & equipment [dollar amount]
1.25% Collection Fee [dollar amount]
Processing Charge $140.00
TOTAL [Total fee]

You are hereby requested to place these certified costs upon the tax duplicate for this premises and to collect them as other taxes to be returned to the Township.

FISCAL OFFICER OF THE BOARD OF TRUSTEES, JACKSON TOWNSHIP, STARK COUNTY, OHIO

 




 

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