(A) The Chief of Police or his or her designee, upon finding that three or more nuisance activities declared in § 674.01 of this code of ortdiances have occurred at a dwelling within any 12 month period, 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 costs to respond to and abate a similar future nuisance, and state that the owner may avoid being charged the costs of response and abatement by taking steps to prevent any further nuisance activities as set forth in this chapter. The notice shall further state that if a fourth or subsequent nuisance activity as declared in § 674.01 of this code of ordinances occurs within the 12 months of the dates of the earliest of the first three activities, 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. Notice shall be served on the owner personally or by certified mail or regular mail to the person's residence, regular place of business or last known address. If the certified or regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address, orthe property affected. The underlying nuisance activity need not have been charged, nor is there a need for a previous finding of guilt, before there can be a finding that a nuisance activity had occurred.
(B) If, within 12 months after the first of the three nuisances referred to in division (A) above has occurred, a fourth or successive nuisance activity as declared in § 674.01 of this chapter, the city may abate the nuisance by responding to the activities using administrative and law enforcement action and the costs of such abatement shall be assessed on the nuisance property. The costs of such response and abatement shall be calculated as set forth in § 674.04 of this chapter. Any further nuisance activity that occurs within 12 months of a nuisance activity for which the owner has been given notice of assessment may be charged to the owner.
(C) The Chief of Police shall provide notice to the owner of the nuisance property of the city's intent to assess the costs of response and abatement against the owner's property. 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 in division (A) above.
(D) The owner of a nuisance property who receives a notice the Chief of Police or his or her designee pursuant to divisions (A) or (C) above 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 request and refer the appeal for hearing by the Board of Nuisance Abatement. Any such appeal shall not stay any actions by the city to abate any nuisance activity.
(Ord. 189-2005, passed 12-19-2905; Ord. 84-2006, passed 5-22-2006; Ord. 115-2021, passed - - )