(a) Nature of Action. The Director of Law may file an action in rem to abate any nuisance as defined by Section 619.24. The standard of proof shall be by a preponderance of the evidence. This action may be brought as a separate action or concurrently with any other action available at law or in equity to enjoin and/or abate the nuisance including, without limitation, an action authorized by RC Chapter 3767 or other actions authorized by these Codified Ordinances.
(b) Notice and Opportunity to Be Heard. Prior to the issuance of an order under this section, a reasonably diligent search shall be conducted of the public records that relate to the property that is the subject of an abatement action to identify the owner, lienholder, and any other person with an ownership interest in the property. Such persons shall be sent notice by certified mail, return receipt requested, or shall be personally served, and shall be granted an opportunity to be heard by the court.
(c) Innocent Owners or Lienholders. No abatement order shall be issued pursuant to this section if an owner or lienholder or other person with an ownership interest in the property that is the subject of an abatement action establishes to the court, by a preponderance of evidence after filing a motion with the court, that the owner, lienholder or other person neither knew nor should have known after a reasonable inquiry that the property would be used, or likely would be used or involved in the commission of a criminal offense, and further that the owner, lienholder or other person with an ownership interest in the property did not expressly or impliedly consent to the use or involvement of the property in the violation, and that the lien or ownership interest was perfected pursuant to law prior to the existence of the nuisance.
(d) Family Hardship. A family or household member of the person who is the owner of property used to maintain a nuisance may file a motion with the court having jurisdiction over the action to abate a nuisance claiming that the order of abatement and sale of the property will create an undue hardship on the family or household member. If the court determines by a preponderance of the evidence that an undue hardship would be caused to a family or household member filing the motion, and if the court further finds that the moving party has not in any previous case benefited from a finding of family hardship relative to the property at issue, no order of abatement shall issue. As used in this section, “family or household member” means the spouse, brother, sister or child of the person who is the owner of property used to maintain a nuisance.
(e) Order of Abatement. If the existence of a nuisance is established, an order of abatement as described in this division shall be entered as a part of the judgment in the case.
If the property involved in the abatement action is a building or other place, it shall be ordered closed and kept closed for a period of one (1) year, unless sooner released by the court. The contents and fixtures of such a building or other place shall be given to an agency identified by the Director of Law, which may be a battered women’s shelter or similar agency, if the agency desires to have it, or if it does not, the same shall be sold at public auction or as otherwise directed by the court, and the proceeds shall be distributed as provided in division (g) of this section.
If the property involved in the abatement action is a vehicle, boat or aircraft, the same shall be given to a battered women’s shelter or similar agency identified by the Director of Law, if the agency desires to have it, or if it does not, the same sold at public auction or as otherwise directed by the court, and the proceeds shall be distributed as provided in division (g) of this section.
The court may order any person in charge of personalty that is subject to sale under this division to present the same at a time and place directed by the court for the purpose of conducting its sale. In addition, the court may authorize any law enforcement agency to seize such personalty.
In identifying an agency to receive the property or the proceeds from the sale of the property as provided in this section, the Director of Law shall confer with the council member representing the community in which the criminal activity that gave rise to the nuisance occurred, and where possible, the agency selected will be one that serves that community.
(f) Use of Closed Building. Any person who uses a building or place ordered closed in accordance with division (e) of this section, with knowledge that such building or place has been ordered closed, shall be guilty of a misdemeanor of the fourth degree.
(g) Sale of Property, Costs and Liens. Upon the sale of any furniture, fixtures, contents, vehicle, boat or aircraft as provided in this section, the person executing the order of the court shall, after deducting the expenses of keeping such property and costs of such sale, pay all liens according to their priorities which may be established by intervention or otherwise at the hearing or in other proceedings brought for the purpose as being bona fide and as having been created without the lienholder having any notice that such property was being used or was to be used for the maintenance of a nuisance as herein defined, and shall pay the balance to a battered women’s shelter or similar agency identified by the Director of Law.
(Ord. No. 164-A-2000. Passed 6-19-00, eff. 6-29-00)