The following procedures shall apply to the abatement of a Nuisance as defined by Section 553.01(a)(4) or (5):
(a) The Mayor or designee shall have full authority to abate Nuisances as defined by Section 553.01(a)(4) or (5) in accordance with law including, but not limited to, the use of administrative and law enforcement action.
(b) All administrative and law enforcement costs incurred by the City in abating any such Nuisances may be charged to the Responsible Party under the procedure set forth herein if two (2) or more of the Nuisances, as defined by Section 553.01(a)(4) or (5), have occurred on the same property within a twelve (12) month period, or one (1) felony drug activity in violation of Ohio R.C. Chapter 2925, or a substantially equivalent federal law has occurred on the property.
(c) Within thirty (30) calendar days of the most recent commitment of an activity listed in Section 553.01(a)(4) or (5), the City shall give notice to the Responsible Party to pay such administrative and law enforcement costs, which notice shall be accompanied by an order to pay within thirty (30) calendar days, a statement of the amount of costs incurred, and an explanation of the appeals process set forth in Section 553.10 herein. The order shall additionally state that failure to pay or timely appeal will result in the cost being certified to the County Fiscal Officer for collection as other taxes and assessments are collected.
(d) If within thirty (30) calendar days after the mailing of the notice and order, the cost is neither paid nor timely appealed, it may be certified to the County Fiscal Officer for collection as other taxes and assessments are collected or the City may seek recovery of such costs by civil action against the property owner involved. An Affidavit of Facts shall be filed if more than one thousand dollars ($1,000) has been expended by the City in abating the Nuisance.
(e) If the Mayor or designee finds that a use of a property constitutes a Nuisance due to repeated criminal activities listed in Section 553.01(a)(4) or (5), the official shall report such facts to Council which may thereupon declare such use to be a Nuisance. The Mayor or designee shall determine what reasonable activities are necessary to abate such nuisance including, but not limited to, the revocation of the Responsible Party's Certificate of Occupancy or Certificate of Business Occupancy.
(f) Upon such finding and declaration, the Mayor or designee shall proceed in the manner provided in Section 553.06 (a), (b), (d) and (e), unless the method of abatement is the revocation of the Responsible Party's Certificate of Occupancy or Certificate of Business Occupancy. In such event, the Mayor or designee shall cause the service of a written notice and an order to revoke the Responsible Party's Certificate of Occupancy or Certificate of Business Occupancy. The order shall set forth an explanation of the appeals process set forth in Section 553.10 herein. If the order is not timely appealed, the certificate shall be revoked.
(Ord. 122-2015. Passed 11-2-15; Ord. 153-2021. Passed 12-6-21.)