(a) Whenever the Police Chief or his or her designee determines that an additional nuisance activity has occurred at a premises for which a notice has been issued pursuant to Section 504.02 the Police Chief or his or her designee may determine that the premises is a chronic nuisance and order that the owner abate the nuisance within thirty days (30) of the owner's receipt of the notice. The Police Chief or his or her designee also may calculate the cost of enforcement for this and any subsequent nuisance activities, notify the owner that the owner is being billed for the cost of this and any subsequent nuisance activities and bill the owner for the cost of enforcement.
(b) The notice and order provided for in subsection (a) referred to above shall be deemed properly delivered if:
(1) The notice and order are sent by certified mail to the address for the owner listed on the records of the Preble County Auditor; or
(2) The notice and order are posted on the front door or other conspicuous location of the premises that is the subject of the notice and order; or
(3) The notice and order are delivered in person to owner.
(4) The notice shall contain the following information:
A. The street address or legal descriptions sufficient for identification of the premises;
B. A description of the nuisance activity, or activities for which the premises owner is being billed including the dates of the nuisance activity or activities;
C. An order that he nuisance activity be abated; and
D. A statement that the premises owner may appeal the determination that the owner's premises are a chronic nuisance or may appeal the amount of the bill as provided in this chapter.
(c) The determination that a premises is a chronic nuisance subject to bills for the cost of enforcement pursuant to this section and subject to fines or criminal prosecution pursuant to Section 504.04 described below shall be effective for a two (2) year period beginning with the date of the first nuisance activity that is the subject of the first bill for enforcement sent to the premises owner for that specific premises.
(Ord. 13-06. Passed 5-20-13.)