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A RESOLUTION DECLARING A NUISANCE AND WHEREAS, the Sebring Council has previously been made aware of a continuing nuisance with stagnant and putrid water accumulating in a loading dock area of 99 South 15th Street, Sebring, Ohio 44672; and WHEREAS, the Sebring Council directed the stagnant and putrid water be removed from the loading dock area due to health, safety and welfare concerns for its citizens; and WHEREAS, the Sebring Council is now aware that the loading dock area of the property is now filled again with stagnant and putrid water; and WHEREAS, the Sebring Council, pursuant to its powers set forth in ORC Section 715.47, does hereby determine that the loading dock area which the owner has allowed to fill with stagnant and putrid water is a nuisance and subject to immediate abatement by draining and filling of said loading dock by the Municipality of Sebring, in the event that the owner fails to take such action. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF SEBRING, MAHONING COUNTY, OHIO, AS FOLLOWS: Section 1. Pursuant to ORC Section 715.47, the Sebring Council finds that the property located at 99 South 15th Street, Sebring Ohio is hereby declared to be a nuisance due to the continued accumulation of stagnant and putrid water in a loading dock area creating an immediate threat to the health, safety and welfare of citizens. The owner of said property is hereby directed to immediately drain and fill the loading dock area so as to prevent any further accumulation of stagnant and putrid water from collecting on said property within ten days from the date of receipt of notice of this resolution. Further, in the event that the owner fails, neglects or refuses to undertake the action required herein, the Municipal Manager is hereby directed to take action to abate the nuisance by draining and/or filling said property so as to remove the continuing nuisance. The Municipal Manager is hereby authorized to file a lien against the property for that amount of the money expended, including but not limited to labor and materials, by the Municipality to abate said nuisance. Section 2. That it is FOUND and DETERMINED that all formal actions of this Council relating to the passage of this Resolution or adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees which resulted in such formal actions were made in compliance with all legal requirements, including those of Section 121.22 of the Ohio Revised Code, all pursuant to Section 3.11 of the Charter of the Village of Sebring.
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