The Village of
RUTLANDOHIO
Tyler M. Eblin, Mayor
Telephone: (740) 742 2121
Fax: (740) 742 0303
Public Nuisance Control
The Department of Code Enforcement is tasked with identifying, investigating and ensuring the abatement of all nuisances within the Village of Rutland. Nuisances and public nuisances are conditions and places which place the health, safety, morals and comfort of the general public at risk.
A nuisance is defined by section 93.02 of the Rutland Municipal Code as:
Any condition or structure defined and declared by statutes or ordinances to be a nuisance; (or)
Any place in or upon which lewdness, assignation, or prostitution is conducted, permitted, continued, or exists; (or)
Any place in or upon which lewd, indecent, lascivious or obscene films are photographed, manufactured, developed, screened, exhibited, or otherwise prepared or shown, and the personal property and contents used in conducting and maintaining any such place for any such purpose.
A public nuisance is defined by section 152.275 of the Rutland Municipal Code as:
Any real estate, dwelling or structure that is in a condition which endangers the health, safety and welfare of the occupants of the same, or the surrounding residents, or those of the general public.
Any real estate, dwelling or structure that is in violation of Chapter 93 of the Rutland Municipal Code.
The Department of Code Enforcement may utilize one or more provisions of the Rutland Municipal Code to abate a nuisance or a public nuisance if the owner of record or other person causing the nuisance or public nuisance fails to abate the same. Abatement actions include injunctions, court orders, criminal charges and/or Village-initiated abatement.
If the condition or structure is a nuisance or public nuisance, as defined by section 93.02 or 152.275 of the Rutland Municipal Code, the Department of Code Enforcement may file an affidavit of the same with the Office of the Village Solicitor, who may then file a motion for injunction with the Meigs County Common Pleas Court.
The Court will review the evidence submitted by the Department of Code Enforcement and the Office of the Village Solicitor to determine if the property in question is in fact a nuisance or public nuisance. If the Court so determines, it is required by law to issue an injunction, or order to abate the nuisance or public nuisance.
Rutland Municipal Code Chapter 93; Chapter 152
In lieu of, or in addition to a motion for injunction, the Department of Code Enforcement may file a criminal complaint with the Rutland Mayor's Court. A criminal complaint is a formal accusation against the owner of record and/or current resident stating, under oath, the owner of record and/or current resident is unlawfully continuing to permit a nuisance or public nuisance.
Rutland Municipal Code 93.05; 152.281
The Village of Rutland is authorized and empowered by sections 93.05 and 152.281 of the Rutland Municipal Code to abate or remediate a nuisance or public nuisance. The procedure for Village-initiated abatement is as follows:
The Mayor issues an executive order declaring a property to be a public nuisance; and directing the executive department(s) of the Village of Rutland to commence abatement of the cause or causes of the public nuisance.
Abatement is executed by the appropriate Village departments and can include:
Removing, repairing, or securing insecure, unsafe, structurally defective, abandoned, deserted, or open and vacant buildings or other structures;
Making emergency corrections of hazardous conditions;
Abatement of any nuisance by the municipality or its agent pursuant to division (A)(5) of this section.
The Village bills the owner of record equal to the total costs of the abatement.
If the owner fails to remit payment of the bill for abatement, the Village will take one of the following actions:
The total costs of the abatement performed, together with the parcel number or another proper description of the lands on which the abatement activity occurred, the date the costs were incurred for each abatement activity, and the name of the owner of record at the time the costs were incurred for each abatement activity is certified by the Village Clerk-Fiscal Officer to the County Auditor, who will place the costs as a charge upon the tax list and duplicate.
The Village may commence a civil action to recover the total costs from the person that held title to the parcel at the time the costs were incurred.
The Village may commence legal action to execute foreclosure on the property.