(a) The following activities occurring on residential or commercial properties, and engaged in by an owner, occupant or invitee of the owner or occupant of such residential or commercial properties, are hereby declared to be public nuisances.
(1) Any animal violations under Sections 618.01, Dogs and Other Animals Running at Large; Nuisance, Dangerous and Vicious Dogs; Hearing; 618.07, Barking or Howling Dogs; 618.04, Poisoning Animals; 618.05, Cruelty to Animals; Cruelty to Companion Animals; 618.13, Nuisance Conditions Prohibited, of the Codified Ordinances;
(2) Any peace disturbance or other violation of Chapter 648 of the Codified Ordinances;
(3) Any drag abuse violation under Chapter 624 of the Codified Ordinances;
(4) Any gambling violation under Chapter 630 of the Codified Ordinances;
(5) Any noise violation under Section 632.14, Excessive Noise a Nuisance, of the Codified Ordinances;
(6) Any safety, sanitation or health violation under Chapter 660 of the Codified Ordinances;
(7) Any alcohol violations under Chapter 612 of the Codified Ordinances;
(9) Any offense against another person under Chapter 636 of the Codified Ordinances;
(11) Any theft violation under Section 672.01, Theft, of the Codified Ordinances;
(12) Any weapons, explosives, firearm or handgun violation under Chapter 678 of the Codified Ordinances;
(13) Any garbage and rubbish collection and disposal and landfill operations violations under Sections 1060.02, Storage and Container Requirements; 1060.03, Disposal on One's Own Premises; 1060.08, Dumping in Open Prohibited as Nuisance; 1060.09, Deposit of Sludge Prohibited as Nuisance, of the Codified Ordinances;
(14) Any offense that is a felony under the Ohio Revised Code.
(b) The Chief of Police or his or her designee, upon finding that two or more nuisance activities declared in this section have occurred within any 12-month period, may cause a written notice and order to be served on the owner of the property declaring that such property is a nuisance property. The notice and order shall set forth the nature of the nuisances, the estimated costs to abate any future nuisances as set forth in Section 680.07(e), and 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 this section. The notice shall further state that if a third or subsequent nuisance activity as declared in this section occurs within 12 months of the written notice, the Village may abate the nuisance by responding to the activities using administrative and law enforcement actions, and the costs of such abatement shall be assessed on the nuisance property. Notice shall be served as set forth in Sections 680.02 and 680.03 of the Codified Ordinances.
(c) If within 12 months after the written notice referred to in division (b) of this section has occurred, a third nuisance activity as declared in this section occurs, the Village may abate the nuisance by responding to the activity using administrative and law enforcement actions, and the costs of such abatement shall be assessed on the nuisance property in the same manner as in Section 680.04 of the Codified Ordinances, and the costs shall be calculated as set forth in division (e) of this section. The Village shall provide notice to the owner of the nuisance property of the Village's intent to assess the costs of abatement against the owner's property at least 30 days before such costs are certified to the County for assessment against the property, and such notice shall contain a description of the nuisance activity that is the basis for the notice of intent to assess the property, and the cost to abate. Notice shall be served as set forth in Section 680.03 of the Codified Ordinances.
(d) The owner of a nuisance property who receives a notice from the Chief of Police or his or her designee pursuant to this section may appeal such notice by submitting a written request for reconsideration to the Chief of Police within 15 days of the date of the notice. If the Chief of Police finds that the facts presented do not support the declaration of a nuisance, the Chief shall rescind the notice. Otherwise, the Chief shall refer the appeal for hearing by the Board of Zoning Appeals. Any such appeal shall not stay any actions by the Village to abate the first or any subsequent nuisance activity. In such appeal, the Village must show by a preponderance of the evidence that each violation stated in the notice being appealed has occurred, and that the declaration of the property as a nuisance property or of the intent of the Village to assess the property for abatement costs, whichever is applicable, is justified. The Village shall be deemed to have failed to meet this standard if the owner demonstrates by a preponderance of 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 has promptly and vigorously taken all actions necessary to abate each nuisance including, without limitation, compliance with the requirements of Ohio R.C. 5321.17(C) and 5321.04(A)(9); or
(3) He or she had 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 Ohio R.C. 5321.17(C) and 5321.04(A)(9).
(e) Costs of abatement under this section shall be calculated based upon an escalating defined cost. The escalating defined costs are: two hundred and fifty dollars ($250.00) upon the first abatement under this chapter; five hundred dollars ($500.00) on the second abatement; seven hundred fifty dollars ($750.00) on the third abatement; and one thousand dollars ($1,000.00) on each subsequent abatement.
(f) The declaration of a nuisance property, an order to abate a nuisance, or the assessment of costs by the Village on a property, do not affect or limit the Village's right or authority to bring criminal prosecution or other legal action against any person for violation of the Village's ordinances.
(Ord. 2012-98. Passed 10-10-12.)