509.12 CRIMINAL ACTIVITY NUISANCES.

   (a)   The following activities occurring on properties in the City of Campbell are hereby declared to be a public nuisance:

      (1)   Unreasonable noise and other acts of disorderly conduct in violation of Sections 509.02, 509.03, 509.05, 509.06, 509.07, 509.08, 509.09, 509.10 of the Codified Ordinances of the City of Campbell;

      (2)   Any drug abuse offense in violation of Sections 513.02, 513.03, 513.04, 513.05, 513.06, 513.07, 513.11, 513.12, 513.13 of the Codified Ordinances of the City of Campbell;

      (3)   Assault in violation of Section 537.03 and/or domestic violence in violation of Section 537.14 provided that the offender is a resident of the premises where the assault or domestic violence occurs or an invited guest of a resident of said premises;

      (4)   Barking or howling animals in violation of Sections 505.02, 505.03, 505.04, 505.05, 505.07, 505.08, 505.09 of the Codified Ordinances of the City of Campbell;

      (5)   Keeping of a vicious dog on the premises, on a permanent or temporary basis, or allow such dog to remain on the premises, in violation of Section 505.14 of the Codified Ordinances of the City of Campbell.

      (6)   Public Indecency in violation of Section 533.07 of the Codified Ordinances of the City of Campbell; or

      (7)   Any of the following activities, when conducted by a resident or occupant of a premises against a person who resides within 1000 feet of the resident or occupant or against the property of such a person:

         A.   A theft offense in violation of Sections 545.05, 545.06, 545.08 of the Codified Ordinances of the City of Campbell;

         B.   An offense against property in violation of Sections 541.02, 541.03, 541.04, 541.05, 541.051, 541.06, 541.08 of the Codified Ordinances of the City of Campbell;

         C.   An offense against person in violation of Sections 537.04, 537.05, 537.06, 537.07, 537.08, 537.10, 537.11, of the Codified Ordinances of the City of Campbell; or

   (b)   The Director of Administration and the Director of Law shall have full authority to abate such nuisances specified in subsection (a) hereinabove in accordance with law, and all administrative and law enforcement costs incurred by the City in abating any such nuisance shall be certified to the County Auditor in accordance with law to be assessed as a lien on the real estate from which the nuisance originated; provided, however, that such costs shall not be certified unless the following conditions have been met:

      (1)   Two or more nuisance activities have occurred or with relation to the same premises within a one year period or one felony drug activity in violation with Chapter 2925 of the Ohio Revised Code or equivalent federal laws has occurred on the premises, and

      (2)   Prior to the actual certification of any administrative and law enforcement costs pursuant to this section, the City Administration or his designee shall give at least thirty (30) days advance written notice of intent to certify such costs to the owner of the real estate against certification to the Board of Building Standards and Appeals, which may affirm, reverse or modify the proposed certification.  All appeals must be filed within ten (10) days of the mailing/posting of the notice of intended certification.

      (3)   Administrative and law enforcement costs shall not be charged against an owner who establishes:

         A.   He had no knowledge of the nuisance activities on the premises and could not, with reasonable care and diligence, have known of the nuisance activities occurring on the premises; and

         B.   Upon receipt of notice of the occurrence of nuisance activities on the premises, he promptly took all actions necessary to abate the nuisance including, without limitation, compliance with the requirements of Ohio R.C. 5321.17(C) and 5321.04(A)(9).

            (Ord. 06-0629.  Passed 10-18-06.)