(a) Notice of Declaration of Nuisance. The Director of Public Safety or his or her designee, upon finding that three (3) or more nuisance activities as defined in Section 630.01 have occurred on separate occasions within any six (6) month period on the same property, may cause a written notice and order to be served on the owner of the property declaring that the property is a nuisance property. This notice and order shall identify the nuisance activities, and the estimated costs to abate any future nuisance activity; shall state that the owner may avoid being charged the costs of abatement by taking steps to prevent any further nuisance activity as set forth in division (d) of this section; and shall state the appeal process. The notice shall further state that if a fourth or subsequent nuisance activity as defined in Section 630.01 occurs later than thirteen (13) days after the date of the written nuisance declaration notice and within six (6) months of the date of the third or any subsequent nuisance activity, the City may abate the nuisance by responding to the activities using administrative and law enforcement actions, and the costs of the abatement shall be charged to the owner of the nuisance property and may be certified as a lien on the nuisance property. Notice shall be deemed properly delivered by delivering it personally to the owner or leaving it at the owner's usual place of business or residence, or by mailing it to the owner, or by publishing it once in a newspaper of general circulation within the City, or by posting it in a conspicuous place on the real estate involved. The notice shall also set forth the civil fines if a fifth or any subsequent nuisance activity occurs within six (6) months of the date of the notice of a charge for the cost of abatement issued under division (b) of this section.
(b) Abatement. If the Director of Public Safety or his or her designee determines that a fourth or subsequent nuisance activity as defined in Section 630.01 occurs later than thirteen (13) days after the date of the initial written nuisance declaration notice and within six (6) months after the date of the third or any subsequent nuisance activity, the City may abate the nuisance activity by using administrative and law enforcement actions, and the costs of the abatement shall be charged to the owner of the property and, if not paid, may be certified by the Commissioner of Assessments and Licenses to the County Auditor to be placed on the nuisance property as a lien to be collected as other taxes and returned to the City. The cost to abate the nuisance activity shall be calculated as set forth in division (c). The City shall provide notice to the owner of the nuisance property of the City's decision to charge the cost of abatement. If the costs are not paid by the owner, the City shall notify the owner at least thirty (30) days before the costs are certified to the County Auditor. The notice shall contain a street address or legal description of the property, a description of the nuisance activities and the cost to abate. Notices shall be served as set forth in division (a) of this section. The Director of Law may take any other action necessary to collect the costs of abatement.
(c) Costs of Abatement. Costs of abatement shall be determined based on the time required to respond to the nuisance activity multiplied by an hourly rate based upon the wages and benefits of a police officer, dispatch costs, vehicle and equipment costs, and supervisory and administrative costs. The hourly rate may be adjusted based on the number of police officers required to abate the nuisance.
(d) Nuisance Abatement Plan. The owner of a nuisance property may avoid being charged the cost of abating future nuisances if the owner meets with the Director of Public Safety or his or her designee; presents a plan to prevent further nuisance activity and that plan is approved by the Director of Public Safety or his or her designee; and implements the plan.
(e) Civil Fine. If the Director of Public Safety or his or her designee determines that a fifth or subsequent nuisance activity as defined in Section 630.01 occurs within six (6) months after the date of the notice of a charge for the cost of abatement, a property owner shall be charged five hundred dollars ($500.00) for a fifth nuisance activity, seven hundred fifty dollars ($750.00) for a sixth nuisance activity and one thousand dollars ($1,000.00) for a seventh or any subsequent nuisance activity occurring on the same property. This fine is in addition to the costs of abatement that may be charged and, if the fine is not paid, shall be certified to the County Auditor as set forth in division (b) of this section. Fines are subject to appeal as set forth in division (f) of this section.
(f) Appeal. The owner of a nuisance property who receives a notice declaring the owner's property to be a nuisance property, a notice charging the cost of abating nuisance activity, a notice that the cost of abatement shall be certified to the County Auditor, a notice charging a fine for a fifth or subsequent nuisance activity, or a notice that a fine shall be certified to the County Auditor, may appeal the notice by submitting a written request to the City official who issued the notice within ten (10) days of the date of the notice. If, after a decision on that appeal, the owner disagrees with the decision, the owner may appeal the decision of the City official to the Board of Zoning Appeals. An appeal to the Board of Zoning Appeals shall be made within fifteen (15) days of the postmark date of the decision from the City official denying the appeal. The Board shall conduct a hearing and render a decision in accordance with City ordinances and regulations governing its conduct and procedure. An appeal to the Board of Zoning Appeals shall not stay any actions by the City to abate any subsequent nuisance activity. In any appeal to the Board of Zoning Appeals, the City must show by a preponderance of the evidence that there was probable cause to believe that each nuisance activity stated in the notice being appealed has occurred, and that the declaration of the property as a nuisance property is justified, or that the charging of abatement costs and fines, if applicable, or the certification of abatement costs and fines, if applicable, is justified. The owner may prevail on appeal of any notice if the owner demonstrates by a preponderance of the evidence that:
(1) He or she was not the owner at the time of any of the nuisance activity that is the basis of the notice; or
(2) He or she had knowledge of the nuisance activity, but promptly and vigorously took all actions necessary to abate the nuisance activity including, without limitation, compliance with the requirements of RC 5321.17(C) and RC 5321.04(A)(9); or
(3) He or she had no knowledge of the nuisance activity and could not, with reasonable care and diligence, have known of the nuisance activity; and upon receipt of the notice of the declaration of the property as a nuisance property, he or she promptly took all actions necessary to abate the nuisance including, without limitation, compliance with the requirements of RC 5321.17(C) and RC 5321.04(A)(9).
(Ord. No. 574-18. Passed 5-14-18, eff. 5-15-18)