931.01 General nuisance abatement, procedure and penalty.
931.02 Criminal activities as a nuisance, abatement, procedure and costs of enforcement.
CROSS REFERENCES
Power to abate nuisances - see Ohio R.C. 715.44
Animal nuisances - see GEN. OFF. 905.04
Notice to fill lots, remove putrid substances - see GEN. OFF. 921.05
Keeping sidewalks repaired and cleaned - see GEN. OFF. 921.06
Noxious or offensive odors - see GEN. OFF. 921.08
Waste and junk - see GEN. OFF. Ch. 947
(a) Purpose. The purpose of this Section is to set forth standards for the declaration of a property or condition as a public nuisance, to authorize the abatement of certain nuisances by the City and to establish the procedures for the abatement of nuisances, in order to prevent hazards to the health, safety and welfare of the public, to prevent blight in residential and other areas, and to prevent conditions which impair or adversely affect the value of neighboring properties, and to provide procedures for emergency and non-emergency abatements.
(b) Authority. Whenever the Director of Public Service or Director of Public Safety finds that there is within the City an act, thing or condition of a kind which has been or may hereafter be defined by ordinance as a nuisance, the Director of Public Service or Director of Public Safety may issue a written notice declaring the existence of such nuisance, and may order the abatement of the nuisance or proceed to abate the nuisance.
(c) Notice to Property Owner and Other Responsible Parties. A written notice declaring a nuisance and order to abate shall be served on the responsible parties, which shall include the owner of the real estate upon which such nuisance exists or the cause or source of such nuisance is located and any additional responsible party.
(1) Content. The notice shall set forth the nature of the nuisance; an estimate of the cost of abating the same; a direction that the owner abate the nuisance by the date, determined by the Director of Public Service or Director of Public Safety, specified in such notice, and a statement that unless the nuisance is abated within the specified time, it may be abated by the City or its designee and the cost of abatement assessed to the real estate involved. The notice shall also state that the City may, if the nuisance is not so abated, in addition to such assessment, prosecute the owner for failure to comply with the direction of the Director of Public Service or Director of Public Safety.
(2) Service of Notice. The notice may be served by delivering it personally to the owner, by leaving it at the owner's usual place of business or residence, by posting it in a conspicuous place on the real estate involved, by mailing it to the owner by regular 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) Non-Emergency Abatement of Nuisance; Collection of Costs; Assessment.
(1) If the nuisance is not abated within the time specified in the notice, the Director of Public Service or Director of Public Safety may cause its abatement. The abatement of a nuisance may be conducted utilizing labor and materials provided by the Department of Public Service, other departments of the City, or by entering into a contract for the provision of abatement services in accordance with the ordinances and Charter of the City.
(2) The City may take such action as it deems necessary to collect the costs incurred by the City in preparing to abate and/or in abating the nuisance, including the assessment of such costs on the real estate on which the nuisance existed or the cause or source thereof was located.
(3) Regardless of the estimated cost of abating a nuisance by the City as determined herein, the responsible parties shall be liable for payment to the City of the actual costs incurred by the City in preparing to abate the nuisance if the City does not proceed with the abatement or in preparing to abate and abating the nuisance, plus the City's actual administrative costs, as determined by the Director of Finance. Should the City's actual costs in abating such nuisance be less than the estimate, and the owner has paid to the City an amount equal to such estimated amount, then the City shall refund to the owner the amount of the difference.
(e) Emergency Declaration and Abatement.
(1) If the Director of Public Service or Director of Public Safety finds that a nuisance condition exists which constitutes an emergency involving immediate danger to human life or health, or an immediate threat of substantial and/or irreparable physical or economic damage to a structure, the Director may declare such condition a nuisance and order its immediate abatement, and the Director may take action necessary to immediately abate the violation constituting a nuisance without advance notice to the owner. Such action may include entering a property for the purposes of conducting an inspection, to the extent and in the manner allowed by law, ordering that the property be immediately vacated, ordering the cessation of utility service if necessary to protect life, health or property, and/or abate the violation constituting the nuisance.
(2) If the Director abates a nuisance pursuant to this section, notice shall be provided to the owner within three (3) days after the start of the abatement work in the same manner as notice is required in Section (c) herein.
(f) Appeals.
(1) Whenever an order of abatement or notice of nuisance is issued, or the City takes any other action pursuant to this Section, the person that is the subject of the order, notice or action may appeal such order, notice or action to the Municipal Planning Commission within ten (10) days from the date of the date of the order, notice or action.
(2) When a nuisance subject to this Chapter has not been abated within the time prescribed in the notice, the Director may authorize the immediate abatement of such nuisance by the City notwithstanding the pendency of an appeal of such order/notice to the Municipal Planning Commission. If, as a result of such appeal, the Planning Commission overturns the order of the Director, then the owner shall not be obligated to pay to the City its costs to abate the nuisance.
(g) Relationship to Other Laws. The authority to abate nuisances, and the procedures required herein, as set forth in this Chapter, shall be in addition to and shall not limit the authority to abate nuisances granted in other ordinances of the City or the laws or Constitution of the State of Ohio.
(h) Penalty. Any owner of real estate, upon which a nuisance exists or the cause or source of such nuisance is located, who fails to comply with the direction of the Director of Public Service or Director of Public Safety to abate such nuisance within the time specified in the notice from the Director, shall be deemed guilty of a minor misdemeanor for a first offense and guilty of a misdemeanor of the fourth degree for a second or subsequent offense within one year. Each day of failure to comply shall constitute a separate offense.
(Ord. 2018-31. Passed 5-21-18.)
(a) The following activities occurring on any privately owned lot, or within 30 feet from the property line of same, and engaged in by an owner, occupant, tenant, guest or invitee of one lawfully residing or occupying the premises or establishment on the subject lot, are hereby declared to be nuisances:
(1) Any act that would constitute a violation of any section of Part Nine "General Offense" of the Codified Ordinances of the City of Berea, or any similar Ohio Revised Code provision, except any act that would constitute an offense against a family member in violation of a provision of Chapter 937 of the Codified Ordinances of the City of Berea or Chapter 2919 of the Ohio Revised Code;
(2) Any act that would constitute a violation of Chapter 321 of the Codified Ordinances of the City of Berea, Garbage and Rubbish or similar Ohio Revised Code provision;
(3) Any act that would constitute a violation of Chapter 327 of the Codified Ordinances of the City of Berea, Trees and Weeds or similar Ohio Revised Code provision;
(4) Any act that would constitute a violation of Chapter 1329 of the Building Code of the City of Berea, Exterior Maintenance or similar Ohio Revised Code provision;
(5) Any act that would constitute a felony under the Ohio Revised Code except any act that would constitute an offense against a family member in violation of any provision of Chapter 2919 of the Ohio Revised Code.
(6) Any act that would constitute a violation of Chapter 1519 of the Codified Ordinances of the City of Berea, Fireworks.
(Ord. 2022-27. Passed 5-16-22.)
(b) The Chief of Police or his designee, upon finding that one (1) or more nuisance activities declared in subsection (a) hereinabove have occurred within thirty (30) feet of any property line of the same premises, may cause a written warning letter to be sent via regular mail to the last known address of the property owner and the occupant(s), declaring that such property may be declared a nuisance property if a second or additional nuisance activities occur at or within thirty (30) feet of any property line of the same premises within any twenty-four (24) month period.
The Chief of Police or his designee, upon finding that a two (2) or more nuisance activities declared in subsection (a) hereinabove has occurred within the twenty-four (24) month period immediately preceding the second nuisance activity, at or within thirty (30) feet of any property line of the same premises, shall cause written notice and order to be sent via regular mail to the last known address of the property owner and the occupant(s) declaring that such property is a nuisance property. The notice and order shall set forth the nature of the nuisances, the estimated cost to abate any future nuisance, and state that the owner may avoid being charged the cost of the City abatement by taking steps to prevent any further nuisance activity as declared in subsection(a) hereinabove. The notice and order shall further state that if a third nuisance activity or subsequent nuisance activities as declared in subsection (a) hereinabove occurs within twenty-four (24) months of the dates of the second nuisance activity, 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. The notice and order shall be sent via regular mail to the last known address of the property owner and occupant(s).
(c) If within twenty-four (24) months after the first of the two (2) nuisances referred to in subsection (a) and (b) hereinabove occurred, a third nuisance activity occurs, the City may abate the nuisance by responding to the activity using administrative and law enforcement actions, and the costs of such abatement may be assessed on the nuisance property, and the costs shall be calculated as set forth in subsection (d) 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 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. Notice shall be sent via regular mail to the last known address of the property owner.
(d) Costs of the abatement shall be based upon the hourly wage of the police officer(s) or City employees or their agents involved in the abatement of the nuisance activity, plus seventy-five percent (75%) (to recoup the costs of fuel, materials, vehicle and equipment depreciation and other related expenses), multiplied by the number of hours required to abate the nuisance. The minimum cost of abatement shall be seven hundred fifty dollars ($750.00) per incident. Any portion of time less than one hour shall be rounded up to the next whole hour.
(e) The owner of a nuisance property who receives a notice from the Chief of Police or his designee pursuant to this chapter may appeal such notice by submitting a written request for reconsideration to the Chief of Police within thirty (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 advise the appellant in writing of the denial and of the appellant's right to file an appeal to the Planning Commission. The owner may appeal the denial of the request for reconsideration by submitting a written appeal letter to the Planning Commission within thirty (30) days of the date of the Chief's denial. Any such appeal shall not stay any actions by the City to abate the first or 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. The City shall be deemed to have failed to meet 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 Revised Code Sections 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 Revised Code Sections 5321.17(C) and 5321.04(A)(9).
(f) 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. The remedies provided in this chapter are cumulative and do not restrict or limit any other civil remedy or criminal penalty provided for elsewhere in the Codified Ordinances of the City of Berea or the Ohio Revised Code.
(Ord. 2021-29. Passed 6-21-21.)