(a) The following activities occurring either on residential or commercial property, or within 1,000 feet of the property line of residential or commercial property, and engaged in by an owner, or the owner’s agent, or the owner’s lessee, occupant, invitee or the person or entity in charge of such residential or commercial property (including individual apartment and condominium units) are hereby declared to be public nuisances and are hereinafter referred to as “Nuisance Activities” and individually as a “Nuisance Activity”:
(1) MISDEMEANOR NUISANCE ACTIVITY. Any conduct, activity, violation or offense that is a misdemeanor under either this code of ordinances or the Ohio Revised Code.
(2) FELONY NUISANCE ACTIVITY. Any conduct, activity, violation or offense that is a felony under the Ohio Revised Code.
(b) For purposes of this chapter, the occurrence of a nuisance activity means either a citation has been issued, or an arrest has been made, or a conviction has been obtained, or a City Department or Administrator, including, but not limited to, Police, Fire, Zoning, Building or Public Works, has documented the activity in lieu of arrest or citation.
(Ord. 54-2015, passed 4-13-2015)
The Safety Director or his or her designee, upon finding that two or more misdemeanor nuisance activities or any one felony nuisance activity have occurred within a 12-month period, may cause a written notice (the “warning notice”) to be served on the owner of the property. The warning notice shall state that if a third misdemeanor nuisance activity or any additional felony nuisance activity occurs within a 12-month period of the first nuisance activity, such property may be declared a nuisance property. The warning notice shall describe the nature of the nuisance activities and shall further state that the city may assess the costs of responding to and/or abating a nuisance activity on a property declared a nuisance property on the nuisance property. The warning notice shall be served pursuant to the Ohio Rules of Civil Procedure.
(Ord. 54-2015, passed 4-13-2015)
If a third misdemeanor nuisance activity or an additional felony nuisance activity occurs after service of a warning notice and within 12 months after the first nuisance activity described in the warning notice, then the Safety Director or his or her designee may declare the property to be a “nuisance property” under this chapter by serving notice of such declaration (the “declaration notice”) to the owner of the nuisance property. Once a property has been declared a nuisance property, the cost of responding to and/or abating any additional nuisance activity may be assessed on the nuisance property. The costs shall be calculated as set forth in § 662.05. The city shall provide notice to the owner of the nuisance property to pay the costs of response or abatement at least 30 days before such costs are certified to the County Auditor for assessment against the nuisance property, and such notice shall contain a description of the nuisance activity that is the basis for the notice of intent to assess the nuisance property, and the costs to respond and/or abate. If the costs are not paid within 30 days of the mailing of the notice, such amount may be certified to the County Auditor for collection as other taxes and assessments are collected, or the city may seek recovery of such costs by civil action. Notice shall be served pursuant to the Ohio Rules of Civil Procedure.
(Ord. 54-2015, passed 4-13-2015)
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