§ 133.05 BURDEN OF PROOF; DEFENSES.

   (A)   The city shall have the initial burden of proof to show by a preponderance of the evidence that the property is a chronic nuisance property.

   (B)   In establishing the amount of any civil penalty requested, the court may consider any of the following factors and cite those found applicable:

      (1)   The actions taken by the person in charge to mitigate or correct the nuisance activities at the property;

      (2)   Whether the problem at the property was repeated or continuous;

      (3)   The magnitude or gravity of the problem;

      (4)   The cooperativeness of the person in charge with the city;

      (5)   The cost incurred by the city for investigating and correcting or attempting to correct the nuisance activities; and

      (6)   Any other factor deemed by the court to be relevant.

(Ord. No. 452, passed 8-24-2020)