(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.)