(A) No property owner shall allow a noise-related nuisance or health or safety hazard to be created or maintained by or on account of tenants of the property owner. For purposes of this section, a noise-related nuisance or health or safety hazard shall be deemed to exist when a tenant or group of tenants at a specific location receives a third citation for a noise ordinance violation pursuant to this chapter. A property owner may be held liable for the costs of abating the nuisance or remedying the health or safety hazard only if the property owner has been notified in writing of the first two ordinance violations. A property owner shall be liable for the costs of abating the nuisance or remedying the health or safety hazard upon the third and any subsequent action by the same tenant at a specific location, provided the third violation occurs at least 15 days from the date of actual receipt of notice of the second violation. It shall be a complete defense to a citation under this division if the owner of the real property involved can prove that the property owner is actively pursuing an eviction process according to law, and that the eviction process was begun prior to the date of the third or any subsequent violation by the same tenant at a specific location.
(B) Owners, property managers, agents, management companies, employees of the owner, property manager, agent or management companies, and their family members shall be responsible and liable for any violations of this chapter by tenants, guests or licensees on the premises if the owners, property managers, agents, management companies, employees of the owner, property manager, agent or management companies or their family members are present at the time of the violation.
(C) Notice of any previous violations pursuant to this section shall be affected by registered or certified mail and by regular mail sent concurrently. Alternately, notice may be affected by personal hand delivery and acknowledgment of receipt by the owner or agent of the owner. If the certified or registered notification is returned, but the regular mail notification is not returned, it will be presumed the addressee received the notification. The burden shall be on the addressee to establish that the notification was not received.
(Ord. 21-09-01, passed 9-3-2021) Penalty, see § 95.99