ORDINANCE NO. 2009-_27____ 

AN ORDINANCE AMENDING ORDINANCE NO. 2000-08, SAID 
ORDINANCE PROVIDING FOR THE DEMOLITION OF INSECURE 
AND UNSAFE BUILDINGS LOCATED IN THE VILLAGE OF ANTWERP, OHIO; 
AND DECLARING THE SAME AN EMERGENCY


WHEREAS, the Council of the Village of Antwerp, Ohio, adopted an ordinance establishing the 
procedures for the demolition of insecure and unsafe buildings located in the Village of Antwerp, 
Ohio, said ordinance designated as Ordinance No. 2000-08, and passed by an emergency vote of 
the Council of the Village of Antwerp, Ohio, on February 29, 2000; and 

WHEREAS, the Council, in order to amend certain procedures in determining the insecure and 
unsafe nature of buildings in the Village of Antwerp, Ohio as provided in Ordinance No. 2000-08, 
hereby amends Ordinance No. 2000-08 as further set forth herein. 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, County 
of Paulding, State of Ohio: 

Section 1. That Ordinance No. 2000-08 is amended to read as follows: 

WHEREAS, the Council of the Village of Antwerp, Paulding County, Ohio, has 
observed the existence of certain buildings and structures within the Village in such 
an advanced state of disrepair as to endanger the health, safety and welfare of the 
citizens of the community and determined that legislation is necessary to abate the 
nuisance thereby permitted to exist by certain property owners. 

NOW, THEREFORE, be it ordained by the Council of the Village of Antwerp, 

Paulding County, Ohio: 

Section 1. No owner of a building, dwelling or structure within the boundaries of 
the Village of Antwerp, Ohio, shall permit the same to remain in such an advanced 
state of disrepair as to endanger the health, safety and welfare of the citizens of the 
community or as to be a public nuisance by reason of its condition. 

Section 2. The Village of Antwerp Chief of Police shall have free access at any 
reasonable hour upon showing appropriate identification when a building is 
occupied, to make inspection, examination, and survey of any building, dwelling 
or structure located within the Village of Antwerp, where the Chief of Police has 
probable cause to believe the building, dwelling or structure is unsafe, insecure, 
structurally defective or in an unhealthful, unsanitary condition, and thereby 
dangerous to the citizens of the Village of Antwerp, Ohio. 

Section 3. Upon a determination by the Chief of Police of the Village of Antwerp 
that any building, dwelling or structure is in such an advanced state of disrepair by 
reason of defective or inadequate plumbing or sanitary facilities or faulty or 
defective electrical wiring; accumulation of debris, filth, rubbish or garbage; 


general deterioration of the structure by reason of age, neglect, exposure to the 
elements or vandalism; partial damage to the structure by reason of deterioration 
or damage to the foundation; or any combination of these deficiencies so as to 
endanger the health, safety and welfare of the public creating a public nuisance, the 
Chief of Police shall give written notice, by certified mail, to the holders of legal 
or equitable liens of record upon the real property on which such building, 
dwelling or structure is located and to the owners of record of such property at the 
last known address of said lienholders and owners, directing them to effect the 
repairs necessary to put the building, dwelling or structure in a reasonably safe 
condition within thirty (30) days of the receipt of such notice, or if any of the 
lienholders or owners are unknown and cannot be located, by publishing a notice 
in a newspaper of general circulation in the Village of Antwerp for a period of not 
less than two (2) consecutive weeks, notifying said lienholders and/or owners to 
effect such repairs as are necessary to put the building in a reasonably safe 
condition within thirty (30) days of the second notice. No repairs shall be made 
unless requirements of applicable governmental building and/or zoning codes are 
complied with in making the repairs. In making the determination whether a 
building, dwelling or structure creates a public nuisance under this Section, the 
Chief of Police may utilize the services of a building inspector, building and/or 
demolition contractor or other suitable person. 

Section 4. Within thirty (30) days after the receipt of such notice or the last 
publication of the same in a newspaper, as provided herein, the owner may appeal 
in writing to the Council of the Village of Antwerp, Ohio the finding by the Chief 
of Police that any such building, dwelling or structure is in such an advanced state 
of disrepair as to endanger the health, safety and welfare of the public. 

Section 5. Upon receipt of written appeal as provided for in Section 4 hereof, 
Council shall set the matter for hearing within thirty (30) days after receiving said 
notice of appeal and the owner shall have an opportunity to appear before the 
Council and to present evidence that the building, dwelling or structure in not in 
such an advanced state of disrepair for any of the reasons set forth in Section 3 of 
this Ordinance as to endanger the health, safety and welfare of the public, therefore 
not creating a public nuisance. 

Section 6. If no appeal is filed from the finding of the Chief of Police within the 
thirty (30) day period referenced in Section 4 of this Ordinance or if the Council 
affirms the findings of the Chief of Police and determines the building, dwelling 
or structure involved to be a public nuisance, Council shall order the Village 
Administrator to advertise for bids for the demolition and removal of the building, 
dwelling or structure (unless demolition cost does not exceed $25,000.00) in 
accordance with requirements of all applicable governmental building and/or 
zoning codes. In the event Council is apprised that the owner has appealed its 
determination to the proper state court, then all proceedings shall be stayed pending 
final determination by the proper state court and appellate courts. 

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Section 7. That all charges, costs and expenses arising out of or connected with 
the demolition and removal of any insecure, unsafe or unhealthful building, 
dwelling or structure pursuant to this Ordinance, shall be paid by the owner of the 
premises upon which any such building, dwelling or structure is situated, within 
ninety (90) days after the demolition or removal thereof as provided for in this 
Ordinance, and if not paid within said ninety (90) day period, the Fiscal Officer of 
the Village of Antwerp shall certify to the Auditor of Paulding County, Ohio, the 
total costs of such demolition or removal, and the County Auditor shall place the 
costs on the tax list and duplicate of the property, with the interest and penalties 
allowed by law, and be collected as other taxes pursuant to Section 715.261(B)(1) 
of the Ohio Revised Code. 

Section 8. It is found and determined that all formal actions of the Council 
concerning or relating to the passage of this Ordinance were adopted in an open 
meeting of the Council, and that all deliberations of the Council and any of its 
committees that resulted in such formal actions, were in meetings open to the 
public, in compliance with all legal requirements including all lawful ordinances 
and any applicable provisions of Section 121.22 of the Ohio Revised Code. 

Section 9. That this Ordinance is hereby declared to be an emergency measure 
necessary for the immediate preservation of the public safety, health, peace and 
welfare, by reason of the fact that the demolition of insecure, unsafe and 
unhealthful buildings and structures will prevent possible injury to the citizens of 
this community, as well as eliminate the existence of conditions conducive for the 
growth of contagious, malignant and infectious diseases and shall therefore become 
effective immediately upon its passage. 

Section 10. Previous Ordinances and Rules of the Village that are not consistent 
with this Ordinance are hereby set aside, revoked and held for naught. 

Section 2. It is found and determined that all formal actions of the Council concerning or relating 
to the passage of this Ordinance were adopted in an open meeting of the Council, and that all 
deliberations of the Council and any of its committees that resulted in such formal actions, were 
in meetings open to the public, in compliance with all legal requirements including all lawful 
ordinances and any applicable provisions of Section 121.22 of the Ohio Revised Code. 

Section 3. This Ordinance is hereby declared to be an emergency measure necessary for the 
immediate preservation of the public health, safety and welfare of the Village in that it is necessary 
to amend Ordinance No. 2000-08 regarding the demolition and removal of any insecure, unsafe 
or unhealthful building, dwelling or structure located in the Village of Antwerp, and this 
Ordinance shall be in full force and effect immediately after its passage; otherwise, it shall take 
effect and be in force after the earliest period allowed by law. 

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PASSED this _____ day of October, 2009. 

Mayor, Village of Antwerp 

ATTEST: 

Fiscal Officer, Village of Antwerp 

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