606.30 ABATEMENT OF CRIMINAL ACTIVITY NUISANCES.
(a) For purposes of this section, the term "residential property" shall be defined as a parcel of real property which has been assigned a tax parcel identification number by the Portage County Auditor, used primarily for residential purposes.
(b) For purposes of this section, Council hereby establishes a "Nuisance Abatement Board", composed of five members. The members shall consist of the Chairperson of the City's Safety, Service & Utilities Committee, two citizens chosen by the Mayor, and two citizens chosen by Council. Each person appointed by the Mayor shall serve an initial term of two years, with subsequent terms being three years. Each person appointed by Council shall serve a term of three years. The Mayor may remove any member of the Board he has appointed for any just cause. Similarly, Council may remove any member of the Board it has appointed for any just cause.
(c) The following activities occurring on, or within 300 feet of residential property, and engaged in by an owner, occupant or invitee of the owner or occupant or person in charge of residential property (including, but not limited to, individual apartment and condominium units), are hereby declared to be public nuisances:
(3) Any animal violations under Section 618.01 (dogs, cats, and other animals running at large), 618.07 (nuisance conditions prohibited), 618.02 (abandoning animals), 618.03 (killing or injuring animals), 618.05 (cruelty to animals generally), 618.051 (cruelty to companion animals), or 618.15 (dangerous and vicious dogs) of the Codified Ordinances;
(8) Any noise violations under Section 648.05 (disturbing the peace; construction and lawn cutting hours) of the Codified Ordinances;
(d) For purposes of this ordinance, nuisance activities shall also include activities occurring on or within 300 feet of residential property which are a violation of laws of this State that are substantially similar to any of the Codified Ordinances listed in subparagraph (c) above.
(e) The Chief of Police or his designee, upon finding that two or more nuisance activities as outlined in this section hereof have occurred within a twelve month period at a residential property may cause a written notice and order to be served upon the owner of the property. The notice shall declare that if a third nuisance activity as outlined in subsection (c) hereof occurs within a twelve month period of the first nuisance activity at that residential property, such property shall be deemed 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 the City may abate the nuisance by responding to the activities using administrative and law enforcement actions, and the costs of such abatement will be assessed on the nuisance property. The notice shall also advise the property owner of his or her right to appeal the determination that nuisance activities have occurred on the property pursuant to the procedure set forth in subsection (g) hereof. Notice shall be served pursuant to the Ohio Rules of Civil Procedure.
(f) If a third nuisance activity occurs within twelve months after the first of the two nuisance activities referred to in subsection (e) hereof, 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. The costs shall be calculated as set forth in subsection (h) hereof. The City shall provide notice to the owner of the nuisance property to pay the costs of abatement at least thirty (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. The property owner shall be advised in said notice of his or her right to appeal the determination that a third nuisance activity has occurred on the property pursuant to the procedure in subsection (g) hereof. If the same is not paid within thirty (30) days of the mailing of the notice, such amount may be certified to the County Auditor by the City Finance Director for collection as other taxes and assessments are collected, or the City may seek recovery of such costs by civil action against the property owner involved. Notice shall be served pursuant to the Ohio Rules of Civil Procedure.
(g) 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 Nuisance Abatement Board. Any such appeal shall not stay any actions by the City to abate the first or any subsequent nuisance activity, but will stay the City from taking further collection or assessment action against the property owner until a determination has been made by the Chief of Police or the Nuisance Abatement Board. 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. 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 of the property at the time any of the nuisance activity occurred 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 such 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).
All decisions of the Board shall be issued in writing. In the event a property owner's appeal to the Nuisance Abatement Board is refused, the Board shall advise the property owner that he or she may request a review of the Board's determination through the Portage County Court of Common Pleas within thirty days of the Board's written determination.
(h) Costs of abatement shall be assessed based upon the base hourly wage of the police officer or officers involved in the abatement of the nuisance activity plus 75%, multiplied by the number of hours required to abate the nuisance. For purposes of this calculation, any part of an hour worked by a police officer involved in the abatement of the nuisance activity shall be deemed a full hour.
Abatement costs paid to the City pursuant to this section shall be deposited into the City's General Fund.
(i) The declaration of a nuisance property, an order to abate a nuisance, or the assessment of costs by the City on a property, does 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 or State statutes.
(Ord. 2010-079. Passed 6-28-10.)