(a) The following activities occurring on residential property, and engaged in by an owner, occupant or invitee of the owner or occupant of residential property, are hereby declared to be public nuisances:
(2) Any disorderly conduct, disturbance of the peace or other violation of Chapter 509 of the codified ordinances;
(3) Any drug abuse violation under Chapter 513 of the codified ordinances;
(4) Any gambling violation under Chapter 517 of the codified ordinances;
(5) Any health, safety or sanitation violation under Chapter 521 of the codified ordinances;
(6) Any obstruction of official business violation under Chapter 525 of the codified ordinances;
(7) Any alcohol violations under Chapter 529 of the codified ordinances;
(11) Any littering or depositing of waste under § 543.03 of the codified ordinances;
(13) Any weapons, explosives, firearm or handgun violation under Chapter 549 or 553 of the codified ordinances;
(14) Any noise violation under § 337.31 of the codified ordinances; and
(15) Any fireworks violation under § 1519.04 of the codified ordinances.
(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 nuisance and state that the owner may avoid being charged the costs of abatement by taking steps to prevent any future 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 dates of the first two activities, the city 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 § 1345.03.
(c) If within 12 months after the first of the two nuisances referred to in division (b) above has occurred, a third nuisance activity as declared in this section occurs, the city 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 § 1345.07, and the costs shall be calculated as set forth in division (e) below. The city shall provide notice to the owner of the nuisance property of the city’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 § 1345.03.
(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 30 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 deny the request and refer the appeal for hearing by the Board of Building Code Appeals. Any such appeal shall not stay any actions by the city to abate the first or any subsequent nuisance activity. In any such appeal, the city 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 city to assess the property for abatement costs, whichever is applicable, is justified. The city shall be deemed to have failed to have met 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 such 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 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 Ohio R.C. 5321.17(C) and 5321.04(A)(9).
(e) Costs of abatement shall be assessed based upon the hourly wage of the police officer or officers involved in the abatement of the nuisance activity, plus 75%, multiplied by the number of hours required to abate the nuisance.
(f) The declaration of a nuisance property, an order to abate a nuisance, or the assessment of costs by the city on a property, do not affect or limit the city’s right or authority to bring criminal prosecution or other legal action against any person for violation of the city’s ordinances.
(Ord. 98-04, passed 6-29-2004)