(a) The following activities occurring on any privately-owned lot that is subject to Chapter 1331, 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 or a person in a dating relationship, as defined in Section 3113.31 of the 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 or a person in a dating relationship, as defined in Section 3113.31.
(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 Director of Public Safety or a designee, upon finding that one or more nuisance activities declared in subsection (a) herein above 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 declaring that such property may be declared a nuisance property upon continued violations. A copy of the warning letter shall also be sent via regular mail to the subject property addressed to the occupant(s).
The Director of Public Safety or a designee, upon finding that two (2) or more nuisance activities declared in subsection (a) above have 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 subject premises, shall cause written notice and order to be sent via regular mail to the last known address of the property owner declaring that such property may be subject to the nuisance law upon a third or subsequent offense. A copy of the notice and order shall also be sent by regular mail to the subject property, addressed to the occupant(s).
The notice and order shall set forth the nature of the nuisance(s), the estimated cost to abate any future nuisance(s), and state that the owner may avoid being charged the cost of abatement by the City by taking steps to prevent any further nuisance activity. The notice and order shall also state that if a third or subsequent nuisance activities occurs within twenty-four (24) months of the date of the first 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 to the nuisance property.
(c) If within twenty-four (24) months after the occurrence of the first of the two previous nuisance conditions, a third or subsequent nuisance activity occurs, the City may declare the property a criminal nuisance and abate the nuisance by responding to the activity using administrative and law enforcement actions, with the cost calculated as set forth in subsection (d) of this section. The cost of such abatement may be assessed on the nuisance property, and 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 by regular mail to the last known address of the property owner and posted on the subject property. (Ord. 2021-29. Passed 6-21-21.)
(d) Costs of Abatement shall be based upon the hourly wage of each City employee involved in the enforcement and abatement of the nuisance activity, plus 75%, to recoup the costs of fuel, materials, vehicle and equipment depreciation and other related expenses, multiplied by the number of hours expended by City employees required to abate the nuisance plus the additional direct cost to the City if abatement activities were performed by an outside contractor. 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) Appeal of Nuisance Condition.
(1) The owner of a property who receives a notice declaring a nuisance condition from the Director of Public Safety or her designee pursuant to subsections 1331.05
(b) and 1331.05
(c) may appeal such notice by submitting a written request for a hearing before a Nuisance Adjudication Hearing Officer. The appeal shall be filed in writing on a form provided by the City within ten days of the date of the notice. Any such appeal shall not stay any actions by the City to abate the nuisance activity.
(2) The City shall schedule the Nuisance Adjudication hearing within thirty (30) days of filing of the appeal. The hearing notice shall be sent by regular mail to the address provided to the City by the person filing the appeal. At the discretion of the City, notice of the hearing may also be sent by regular mail to any person interested in the outcome of the case, including but not limited to neighbors or complainants.
(3) Nuisance Adjudication Hearing
A. The Rules of Evidence do not apply to the Nuisance Adjudication Hearing. Hearsay is admissible, to the extent that the Hearing Officer determines that it is reliable.
B. The Nuisance Adjudication Hearing Officer may consider testimony of city officials, owners and agents of the leased property, neighbors impacted by the conduct of the parties, tenants, witnesses and other interested parties.
C. The City must show by a preponderance of the evidence the existence of each violation that is subject to the appeal 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:
i. He or she was not the owner at the time of any of the nuisance activity that is the basis of the notice; or
ii. 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
iii. 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 that the property is or may be designated 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).
D. The Hearing Officer may:
i. Find that the City failed to demonstrate that the conditions subject to the appeal constitute a nuisance or that the owner proved by a preponderance of evidence one of the factors listed in subsection (c) above, and rescind the declaration and notice;
ii. Affirm or modify the declaration and notice;
iii. Affirm, modify or dismiss the assessment of costs to abate or respond to the nuisance conditions.
iv. Approve, revoke or reinstate a leasing permit
E. The written decision shall be sent by regular mail to the last known address of the property owner(s) within ten days of the Nuisance Adjudication Hearing.
F. Any applicant who has been adversely affected by a decision of the Nuisance Adjudication Hearing Officer, may seek further appeal to the Municipal Planning Commission in accordance with the procedure contained in Chapter 103
of the Zoning Code of the City of Berea.
(Ord. 2018-33. Passed 5-21-18.)