1767.04  ILLEGAL CONDITIONS; CITATION AUTHORITY.
   (a)   No owner of a premises, either as a person, business entity or other within the City shall offer for use or occupancy or authorize the use or occupancy of a vacant structure, a structure becoming vacant, or a structure newly constructed, or a unit becoming vacant in a structure having multiple units, without possessing a valid Certificate of Use and Occupancy from the Code Enforcement Office for such dwelling unit, or has had a valid Certificate of Use and Occupancy issued within the previous twenty-four (24) months prior to the vacancy, for such dwelling unit by the Code Enforcement Office indicating the premises to be in compliance with the current adopted State Building Code, the Property Maintenance Standards and the Codified Ordinances of the City of Clarksburg.  The Certificate of Use and Occupancy shall not be valid or issued until all fees related to the City Ordinances governing licensing, taxes and certificates have been satisfied.  Any owner of a premises, either as a person, business entity or other that is found to be in violation of this section, after the grace period for the enactment of this article, shall be issued a citation for violation of this article and the Codified Ordinances of the City of Clarksburg.  Fines for such citation shall be as set forth in 1712.06(n) Violation Penalties.
   Exception: The Inspection requirements within the Codified Ordinances of the City of Clarksburg may be satisfied by submitting a Certification of Inspection by a recognized Inspection Agency every twenty-four (24) months as required for each unit.  The Inspection Agency must be registered with the City and copies of the Inspector Certifications submitted to the Code Office to be kept on file.
 
   (b)   Any premises used for any illicit activity as defined herein, is hereby declared a public nuisance; a nuisance shall be deemed to exist when:
      (1)   The property is used for two or more illicit activities or incidents within any twelve-month period; or
      (2)   The offense for which the property is used is punishable by imprisonment for one or more years as determined by a court of competent jurisdiction.
   (c)   Any owner of record, manager or person who controls any premises who:
      (1)   Encourages or permits any illicit activity as described herein to occur or continue on said premises; or
      (2)   Fails to implement reasonable and warranted abatement measures as designated in Article 1767.04.2 Order of Abatement, or measure subsequently agreed to or other abatement measure which successfully abate the nuisance within the 30-day period following the notice, or any agreed upon period of time, shall be subject to fines as set forth in Article 1712.06(n) Violation Penalties.
   (d)   Each day that a violation of this section remains unabated past the designated completion date shall be considered a separate and distinct offense.
   (e)   No person shall be found in violation of 1767.04(b)(2) unless the City proves by a preponderance of the evidence that the abatement measures were reasonable and warranted and the defendant knowingly failed to implement them.
   (f)   A person may be found in violation of 1767.04(b)(1)or(2) regardless of whether an Order of Abatement is issued or in violation of 1767.04(b)(1) only after a notice has been issued.  A fine may be issued by the Clarksburg Municipal Court in accordance with Article 1712.06(n) Violation Penalties.
   (g)    Any premises given a notice of violation for illicit activities or life and health safety violations will immediately have the Certificate of Use and Occupancy revoked and require inspection and recertification. 
(Ord. 17-16.  Passed 10-19-17.)