553.01 DEFINITIONS.
   (a)   "Nuisance" means:
      (1)   An unreasonable interference with a right common to the general public. Unreasonable interference includes:
         A.   Conduct that significantly interferes with public health, safety, peace, comfort, or convenience;
         B.   Conduct that is contrary to a statute, ordinance, or regulation; or
         C.   Conduct that is of a continuing nature or has produced a permanent or long-lasting effect, and has a significant effect upon the public right, of which the actor is aware or should be aware;
      (2)   Any weeds or any grass growing upon a parcel of land and/or any abutting treelawn that is six (6) inches or higher in height or any vegetation that obstructs views compromising safe ingress or egress or otherwise impedes traffic, including pedestrian traffic, on any public rights of way. Treelawn means the landscaped area between the sidewalk and the paved portion of a street; (Ord. 122-2015. Passed 11-2-15.)
      (3)   Any deterioration of structural materials or lack of repair or maintenance of a building, structure or real estate that is a hazard to the health, safety or welfare of its occupants or the public or that, if not abated, will become a blighting or deteriorating factor in the neighborhood that impairs or adversely affects the value of neighboring property. Such deterioration shall include, but not be limited to, deterioration of sidewalks or vegetation; an unsecured vacant structure; abandoned, unusable personal property or other debris; and conditions found and declared to be conducive to harboring mice and rats. Conditions conducive to harboring mice and rats shall include, but not be limited to, broken, cracked or defective ceilings, walls, floors or foundations in which are holes or cracks of a size sufficient to permit a rat or mouse to pass through; materials, including rubbish, piled, stored or kept on the premises, into, among or under which rats or mice have burrowed or may burrow; buildings, foundations of buildings, appurtenances to buildings, floor, walks or driveways under which mice or rats have burrowed; portable buildings, boxes, crates and materials, including rubbish, piled, stored or kept so that they rest directly on the ground surface or less than eighteen (18) inches above such surface; garbage containers without watertight tops, sides and bottoms or without tight-fitting tops or around or under which mice or rats have burrowed or may burrow; and feeding of wild animals, birds or other wild life, other than in suitable containers for food, elevated at least thirty-six (36) inches above the ground level, or in any other manner which attracts or may attract rodents. (Ord. 8-2019. Passed 2-4-19.)
      (4)   The following activities committed on properties in the City:
         A.   Unreasonable noise and other acts of disorderly conduct in violation of Section 509.03 or substantially equivalent state laws;
         B.   A felony drug activity in violation of Ohio R.C. Chapter 2925 or substantially equivalent federal laws;
         C.   Any drug abuse offense in violation of Sections 513.03, 513.05, 513.07, or 513.08 or substantially equivalent state laws;
         D.   Assault in violation of Section 537.03 or substantially equivalent state laws;
         E.   Littering and/or maintenance of litter in violation of Sections 527.05, 527.12, 527.13, 1351.29 and/or 1369.07 or substantially equivalent state laws;
         F.   Barking or howling animals in violation of Section 505.04 or substantially equivalent state laws;
         G.   Keeping a vicious dog on the premises, on a permanent or temporary basis, or allowing such a dog to remain on the premises, in violation of Section 505.091 or substantially equivalent City or state laws as amended from time to time; or
         H.   Any of the following activities, when conducted by a resident or occupant of a premises against a person who resides within 1,000 feet of the resident or occupant or against the property of such a person:
            1.   A theft offense in violation of Sections 545.05 or 545.08 or substantially equivalent state laws;
            2.   An offense against property in violation of Sections 541.02, 541.03, 541.04, 541.05, 541.051, 541.06 or 541.08 or substantially equivalent state laws;
            3.   An offense against a person in violation of Sections 537.03, 537.04, 537.05, 537.051, 537.06, 537.07, 537.08, 537.09, 537.10 or 537.11 or substantially equivalent state laws; or
            4.   Littering in violation of Section 527.12 or substantially equivalent state laws.
         I.   Commercial parties in residential districts in violation of Section 509.09 or substantially equivalent state laws.
The above references to sections of the General Offenses Code and state and federal laws should not be interpreted to mean that a prosecution of the specific charge is a necessary prerequisite to an action under this Chapter nor shall it be interpreted to mean that proof of the action beyond a reasonable doubt is required. Nothing in this Chapter shall be construed in a manner to penalize victims of domestic violence or otherwise discourage victims of domestic violence to seek law enforcement assistance.
      (5)   Actions committed by a juvenile occurring on properties in the City that would constitute an offense listed in Section 553.01(a)(4) if committed by an adult; or
      (6)   Any designation of a nuisance by City ordinance or resolution, state law, or a court of law, or any ongoing violation of state or City law that unreasonably interferes with a right common to the general public.
   (b)   "Responsible Party" means the owner of the property. If the property is rented or occupied by another party and the Mayor or designee has determined that the renter or occupant may be creating or otherwise contributing to the Nuisance, then the renter or occupant of the property is also the Responsible Party.
(Ord. 122-2015. Passed 11-2-15; Ord. 153-2021. Passed 12-6-21.)