(a) Conduct which is prohibited by or punishable under any of the Codified Ordinances below, or any corresponding statute under the Ohio Revised Code, occurring at or within 200 feet of any residential property and knowingly engaged in by an owner, occupant or invitee of the owner or occupant of such residential property, is hereby declared to be a public nuisance:
(2) Any alcohol violation under Section 529.02 (Use by underage persons) of the Codified Ordinances;
(4) Any drug trafficking or drug abuse violation, or any drug paraphernalia or drug abuse instrument violation, under Chapter 513 of the Codified Ordinances or Chapter 2925 of the Revised Code;
(7) Any noise violation under Section 511.02 (Prohibited amplified sound) of the Codified Ordinances;
(8) Any sex offenses under Sections 533.04 (Sexual imposition), 533.05 (Importuning), 533.06 (Voyeurism), 533.07 (Public indecency), 533.08 (Procuring), 533.09 (Soliciting), 533.091 (Loitering to engage in solicitation), 533.10 (Prostitution) or 533.11 (Disseminating matter harmful to juveniles) of the Codified Ordinances;
(b) The Chief of Police or his designee, upon finding probable cause to believe that two or more nuisance activities declared in this section have occurred at or within 200 feet of any residential property and knowingly engaged in by an owner, occupant or invitee of the owner or occupant of such residential property shall cause a written warning letter to be served on the owner of the property declaring that such property shall be declared a nuisance property if a third nuisance activity occurs at or within 200 feet of the property within a 12-month period. Exception: felony narcotics violations do not require a warning letter but are automatically deemed a nuisance,
(c) The Chief of Police or his or her designee, upon finding that three or more nuisance activities or two felony narcotics violation declared in this section have occurred within any 12-month period at or within 200 feet of any residential property, shall cause a written notice and order to be served on the owner of the property declaring that such property is a nuisance property. The notice and order shall set forth the nature of the nuisances, the estimated costs to abate any future nuisance, and state that the owner may avoid being charged the costs of abatement by taking steps to prevent any further nuisance activity as set forth in this section. The notice shall further state that if a subsequent nuisance activity as declared in this Section occurs within 12 months of the dates of the first activity referenced in the Notice the City may abate the nuisance by responding to the activities using administrative and law enforcement actions, and the costs of such abatement shall be assessed on the nuisance property.
(1) The notice shall be served on the owner(s) that are listed on the records of the Ashtabula County Auditor by delivering it personally to the owner or leaving it at the owner's usual place of business or residence, or by posting it in a conspicuous place on the real estate involved, or by mailing it to the owner by regular and certified mail, or by publishing it once in a newspaper of general circulation within the City if it cannot be served in any of the other ways above mentioned.
(d) If, within 12 months after the first of the two nuisances or the first felony drug violation referred to in division (b) of this section has occurred, a third nuisance or second felony drug activity as declared in this section occurs, the City may abate the nuisance by responding to the activity using administrative and law enforcement actions, and the costs of such abatement shall be assessed on the nuisance property in the same manner as in Ohio R.C. 715.281, and the costs shall be calculated as set forth in division (e) of this section. The City shall provide notice to the owner of the nuisance property of the City's intent to assess the costs of abatement against the owner's property at least 30 days before such costs are certified to the County for assessment against the property, and such notice shall contain a description of the nuisance activity that is the basis for the notice of intent to assess the property, and the cost to abate. Notice shall be served as set forth above in division (b) of this section.
(e) The owner of a nuisance property who receives a notice from the Chief of Police or his designee pursuant to this section may appeal such notice by submitting a written request for reconsideration to the Chief of Police within 30 days of the date of the notice. If the Chief of Police finds that the facts presented do not support the declaration of a nuisance, the Chief shall rescind the notice. Otherwise, the Chief shall deny the request and refer the appeal for hearing by the City Manager. Any such appeal shall not stay any actions by the City to abate any subsequent nuisance activity. In any such appeal, the City must show by a preponderance of the evidence that each violation stated in the notice being appealed has occurred, and that the declaration of the property as a nuisance property or of the intent of the City to assess the property for abatement costs, whichever is applicable, is justified. A person need not be convicted of any of the foregoing offenses in order for a finding of public nuisance to be made, as long as substantial, credible evidence supports such a finding; however, conviction of such a criminal offense shall be conclusive proof of the conduct alleged to constitute the offense for all purposes under this Section. The City shall be deemed to have failed to have met this standard if the owner demonstrates by a preponderance of evidence that:
(1) He or she was not the owner at the time of any of the nuisance activity that is the basis of the notice; or
(2) He or she had knowledge of the nuisance activity, but has promptly and vigorously taken all actions necessary to abate each nuisance including, without limitation, compliance with the requirements of Ohio R.C. 5321.17(C) and 5321.04(A)(9); or
(3) He or she had no knowledge of the nuisance activity and could not, with reasonable care and diligence, have known of the nuisance activity; and upon receipt of the notice of the declaration of the property as a nuisance property, he or she promptly took all actions necessary to abate the nuisance including, without limitation, compliance with the requirements of Ohio R.C. 5321.17(C) and 5321.04(A)(9).
(f) Costs of abatement shall be assessed in an amount equal to 200% of the hourly wages of the police officers, dog wardens and/or housing inspectors or other code enforcement officers involved in the abatement of the nuisance activity multiplied by the number of hours required to abate the nuisance.
(g) The declaration of a nuisance property, an order to abate a nuisance, or the assessment of costs by the City on a property, do not affect or limit the City's right or authority to bring criminal prosecution or other legal action against any person for violation of the City's ordinances.
(Ord. 2011-36. Passed 3-7-11.)
(Ord. 2011-36. Passed 3-7-11.)