No owner or occupant of any lot, building, or structure within the city shall:
(A) Maintain the building or structure in a condition which could cause damage or injury to persons or property using streets or public ways which adjoin the property;
(B) Allow any tree, stack, or other object to remain on any lot if it is in a condition which could cause damage or injury to persons or property using streets or public ways which adjoin the property;
(C) Allow an excavation or cellar to remain unguarded or in a condition which could cause damage or injury to persons or property using streets or public ways which adjoin the property;
(D) Allow an accumulation of earth, rubbish, garbage, litter, or other materials which could attract and propagate vermin or insects which could endanger public health;
(E) Maintain any building or structure in a condition which constitutes a fire hazard;
(F) Allow an accumulation of rubbish or other materials in an amount and condition which constitutes a fire hazard;
(G) Conduct any business which generates noxious odors, smoke, dust or dirt which are harmful to public health; operate any apparatus constituting a biofuel burner which generates or emits odors, smoke or dust, but excluding any properly maintained biofuel burner already in place and operating as of the effective date of this section. BIOFUEL BURNER shall be defined as an exterior device, structure, or apparatus, which supplies direct or indirect heat from the burning of a solid fuel, including, but not limited to, wood, corn, biomass pellets and other solid biofuels, to the structure. Traditional wood burning stoves and fireplaces are exempt;
(H) (1) Allow any building or structure to become so dilapidated as to materially interfere with the peaceful enjoyment of adjacent property owners or endanger public health or safety; or
(2) The Safety Director or his or her designee, at his or her discretion, may deem a building or structure an endangerment of public health or safety. If a building or structure is so deemed, the Safety Director may cause the public health or safety concern to be mitigated at the owner’s expense, the cost which shall be paid to the Finance Director. If said expense is not paid within 30 days of notice, the Finance Director may certify the amount to the County Auditor and request that the charge be added to the tax duplicate associated with the property.
(3) Properties within an historic district shall adhere to regulations set forth by § 158.13(C).
(I) Allow any building or single apartment residence to become such a nuisance to the surrounding neighborhood that it impedes the quiet enjoyment of other residents or destroys the residential character of the community because it is the subject of habitual offenses of disorderly conduct; illegal open container; furnishing, dispensing or consumption of beer or intoxicating liquor; sale or furnishing of beer or intoxicating to an underage person; possession or consumption of beer or intoxicating liquor by underage person; illegal use of a controlled substance; public indecency; unlawful deposit of litter or refuse; criminal damage; or unlawful loud noise; violations of § 152.20(D); or violations of Chapter 94.
(1) A building or single apartment residence that qualifies as a habitual offender has had a resident or occupant convicted of one or more of the following offenses in two or more separate incidents, in a six-month period of time, when such offenses take place in the residence or upon the property which the residence is erected:
(a) Disorderly conduct;
(b) Nuisance party;
(c) Underage consumption or possession of beer or intoxicating liquor;
(d) Unlawful sale, furnishing, dispensing or consumption of beer or intoxicating liquor;
(e) Illegal use of controlled substance;
(f) Criminal damage;
(g) Failure to maintain a litter free premises; and
(h) Nuisance violations (such as noise, overgrown weeds, grass, brush, or violations of Chapter 94).
(2) When a resident who is not the owner of the property is convicted of one of the offenses listed above the city prosecutor shall cause a letter to be sent to the last known owner of the property where the offense occurred according to the Wood County auditor records detailing the offense, the person convicted and the possible ramifications if another offense occurs within a six-month period.
(3) Plan of correction. Whenever the city prosecutor or his or her designee reasonably believes that any premises constitutes a “nuisance premises” as described in this section, he or she shall give written notice to the person who owns or controls or manages the premises and identify reasonable corrective measures that must be taken within 30 days of the notice. The notice shall be in writing and may be served in person or sent by certified mail, with first class postage prepaid, return receipt requested. The notice shall provide the recipient a reasonable opportunity to meet with the city prosecutor or his or her designee and other representatives of the city to discuss allegations in the notice and plan of correction. Any plan of correction shall require the taking of reasonable measures designed to prevent the recurrence of the illegal activity in light of the magnitude of the harm caused by the illegal activity, the value of the property, and the extent to which the person who owns or controls or manages the premises has failed to take effective measures to correct the conditions giving rise to the determination that the premises is a “nuisance premises.” Upon the failure to implement the corrective measures identified in the notice or other corrective measures which successfully correct the nuisance within the 30-day period following the notice, the city prosecutor may issue a citation against the person who owns, controls, or manages the premises for a violation of this subsection. The city prosecutor may, upon good cause shown, extend the time for implementation of a plan of correction.
(4) Reasonable corrective measures include, but are not limited to:
(a) A meeting with neighbors to address complaints;
(b) A contractual addendum to the lease agreement subjecting the tenant to eviction if any further criminal citations result from activity within the residence;
(c) A written agreement from the landlord to ensure reasonable patrol of the residence;
(d) An agreement by the tenants to move out of the residence;
(e) Institution of eviction proceeding; and
(f) A plan of correction shall have an assessment mechanism to determine if the corrective measure is working. The assessment mechanism can be based upon the number of calls for service to the residence, the number of criminal citations, the number of citizen complaints or some other reasonable measurement mechanism agreed to by the city prosecutor and the landlord. If a corrective measure does not work within a reasonably agreed upon time within the plan of correction then the city prosecutor shall require the next more intrusive means of correction. All plans of correction shall detail under what circumstance each corrective measure will be required. In all instances the meeting with neighbors shall be the first measure and then based upon the agreed upon assessment mechanism, if certain trigger events occur (e.g. calls for service, criminal complaints, citizen complaints, and the like) the next corrective measure shall be required. This process shall be followed until eviction occurs.
(1980 Code, § 152.20) (Am. Ord. 7240, passed 6-7-2004; Am. Ord. 8045, passed 10-4-2010; Ord. 8566, passed 3-6-2017; Am. Ord. 8781, passed 7-15-2019; Am. Ord. 8878, passed 3-15-2021) Penalty, see § 152.99