Bainbridge Passes Two of Three Proposed Nuisance Resolutions
After months of discussion and research, Bainbridge Township Trustees passed two resolutions regulating derelict and unsafe structures and controlling debris on properties at their March 11 meeting.
After months of discussion and research, Bainbridge Township Trustees passed two resolutions regulating derelict and unsafe structures and controlling debris on properties at their March 11 meeting.
A third proposal dealing with the township removal of junk vehicles from private properties failed.
“We have met with our legal counsel on the issue and we’ve discussed it to the ends of the earth,” Trustee Lorrie Sass Benza said.
Trustee Kristina O’Brien said both Bainbridge resolutions follow Section 505.86 of the Ohio Revised Code that charges townships with protecting the health, safety and welfare of its citizens, and defines what constitutes a nuisance property.
The first resolution allows the township to determine whether a structure is unsafe, unsecured, structurally defective or uninhabitable. The township will locate and notify the property owner by certified mail, ordering repair or removal of the structure. If the property owner cannot be located, the township will publish a notice in the newspaper.
Property owners have the right to request a hearing on the issue within 20 days of receiving the notice. Within 30 days of the hearing, trustees can dismiss the matter or order the removal, repair or securing of the building. The property owner can resolve the matter at any time during the process.
The township will pay the expenses of the repair or removal out of the general fund and may place a tax lien on the property to recoup the cost.
The second resolution addresses the abatement of garbage, vegetation, refuse or other debris from land in the township.
The township will notify the property owner of the debris and order them to remove the junk or vegetation within seven days. After that time, if the problem persists, the township can order the removal, at township expense, and can place a tax lien on the property to recoup the cost.
A third proposed resolution, providing for removal of junk vehicles, was not approved at the March 11 meeting.
“We really haven’t discussed this one,” O’Brien said.
Trustee Jeff Markley authored all three resolutions after lengthy discussions with trustees at previous meetings going back to November.
Markley was on vacation Monday and did not attend the meeting.
“We’ve discussed this with the (Geauga County Prosecutor’s Office),” Benza said. “This proposed approach allows us to remove junk vehicles, but where would we take them? And what would it cost?”
Both Benza and O’Brien voted no.
Resident Gil Myers asked how the resolutions that passed will be enforced.
“The zoning inspector will probably be the point person,” Benza said. “These provisions are in our zoning resolution already, but this will give us more teeth. A person will make a complaint to the zoning inspector and now we’ll have some additional enforcement authority.”
Benza said anyone can file a complaint, but the zoning inspector will determine whether or not the property is a nuisance.
“There will be a series of steps and safeguards,” she explained.
“We want to avoid harassment of anyone,” O’Brien added. “But there are some egregious situations, such as a property we saw on Oak Street about 18 months ago. There were mounds of items in the yard.”
O’Brien has previously said one person’s junk can be another person’s art.
“Some people think that toilet bowls in the yard are art, with flowers growing out of them,” O’Brien said.
“This has always been available,” O’Brien said. “This is just a guideline.”
