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Whenever there shall be done or exist within the City any act, thing, or condition of a kind which has been or may hereinafter be defined by ordinance as a public nuisance, the Housing Manager or the certified Building Official is authorized and directed promptly to cause its abatement as hereinafter provided.
(Ord. 86-2006. Passed 5-15-06.)
The Housing Manager or certified Building Official, upon finding that a nuisance exists in matters involving sidewalks, weeds, tall grass, landscaping, unsecured vacant property, or abandoned unusable property or other debris, may cause written notice or order to be served on the owner of the real estate. The notice or order shall set forth the nature of the nuisance, the estimate of the cost of abating the nuisance if done by the City, a reasonable time determined by the Housing Manager or certified Building Official within which the owner shall abate the nuisance or pay the estimated cost to the City, and the statement that unless the nuisance is abated within the stated time it may be abated by the City and the cost of abatement assessed on the real estate involved, and the City may prosecute the owner or occupant for failure to comply with the order. Such notice or order of abatement may be issued by the Housing Manager or certified Building Official or both without reporting the notice or order to Council. In case the City abates the nuisance and the cost is not paid within 30 days, the Housing Manager or certified Building Official shall report the fact to Council, which may assess the same on the real estate from which the nuisance originated.
(Ord. 86-2006. Passed 5-15-06; Ord. 179-2006. Passed 10-16-06.)
(a) If, upon investigation by the Housing Manager, the existence of any nuisance under Section 529.07 or nuisances other than those enumerated in Section 529.03, is found, the Housing Manager thereupon may declare such condition, building or structure a nuisance. The Housing Manager, in addition to any other action authorized by Section 529.03 of this Code, may revoke the Rental License or Certificate of Occupancy should no Rental License be issued.
(1) Upon abatement of the nuisance activity, the Housing Manager shall cause to be issued a new Rental License and Certificate of Occupancy, if required.
(2) Any owner of the rental property subject to a revocation under this section, may appeal such determination to the Planning and Zoning Commission as provided by the rules for such appeals.
(b) Upon such finding and declaring, the City Housing Manager or certified Building Official may proceed in the manner provided for in Section 529.03 for the abatement of nuisances.
(Ord. 86-2006. Passed 5-15-06; Ord. 33-2014. Passed 4-7-14.)
(a) The notice may be served by delivering it personally to the owner or occupant or leaving it at the owner's or occupant's usual place of business or residence, or by posting it in a conspicuous place on the real estate, building or structure involved, or by mailing it to the owner or occupant, or by publishing it once in a newspaper of general circulation within the City if it cannot be served in any of the ways above mentioned.
(b) Notwithstanding the requirement of notice provided herein, when in the opinion of the Housing Manager or certified Building Official, the condition of a structure or premises, or part thereof, constitutes an immediate hazard to human life or health, including but not limited to, the placement, either temporarily or otherwise, of rubbish, garbage, litter or other personal property on the premises in violation of Section 1755.11 of this Code, or any other section of this Code, then no such notice of violation need be given to the owner of such building. Upon such finding and declaring of an emergency nuisance condition, the Housing Manager or certified Building Official may proceed in the manner provided for in Section 529.03 for the abatement of nuisances.
(Ord. 86-2006. Passed 5-15-06; Ord. 179-2006. Passed 10-16-06.)
The authority to abate nuisances granted hereby and the procedure set forth herein shall be in addition to and shall not limit the authority to abate nuisances granted in the Health Code or other ordinances of the City or the laws or the Constitution of Ohio.
(Ord. 86-2006. Passed 5-15-06.)
(a) The following activities occurring in the City on any residential or commercial property, and engaged in by an owner, occupant, or invitee of the owner, occupant or person in charge of any commercial or residential property, are hereby declared to be a public nuisance:
(3) Any drug violation under Chapter 513 of the Codified Ordinances;
(4) Any gambling violation under Chapter 517 of the Codified Ordinances;
(5) Any violation of offenses relating to persons under Chapter 537 of the Codified Ordinances except domestic violence, 537.17;
(7) Any peace disturbance violation under Chapter 545 of the Codified Ordinances;
(8) Any safety violation under Chapter 559 of the Codified Ordinances;
(9) Any violation of a sex offense under Chapter 563 of the Codified Ordinances;
(10) Any weapons or explosives violation under Chapter 571 of the Codified Ordinances;
(12) Any activity or violation indicated to be a public nuisance anywhere in the Codified Ordinances;
(14) Parking violations under Section 351.03(s) of the Codified Ordinances;
(15) Littering violations under Section 1129.01(c), (d), (e), or (f) of the Codified Ordinances of the City of Euclid.
(b) The Housing Manager, certified Building Official or the Law Director or their designee, upon finding that two or more nuisance activities, or one felony drug activity, declared in this section have occurred within any 18-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, 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 18 months of the dates of the first two nuisance activities, or one felony drug activity, 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 Sections 529.05 of the Codified Ordinances.
(c) If within 18 months after the first of the two nuisances referred to in division (b) of this section 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 Section 529.03 of the Codified Ordinances. 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 Section 529.05 of the Codified Ordinances.
(d) The owner of a nuisance property who receives a notice from the Housing Manager or certified Building Official of the City's intent to assess the costs of abatement pursuant to division (c) of this section may appeal such notice within ten days as provided in Section 1753.09 of the Codified Ordinances of the City of Euclid.
(e) After declaration, costs of abatement, undertaken by any departments of the City of Euclid, shall be an escalating defined cost assessed upon each violation of this section. The escalating defined costs are: two hundred fifty dollars ($250.00) upon the first violation after declaration of nuisance under this chapter; five hundred dollars ($500.00) on the second violation after nuisance declaration; seven hundred fifty dollars ($750.00) on the third violation after nuisance declaration; and one thousand dollars ($1,000.00) on the fourth or subsequent violation after nuisance declaration.
(f) The Housing Manager and the Director of Law shall have full authority to abate such nuisances specified in division (a) hereinabove in accordance with law, and all administrative and law enforcement costs incurred by the City in abating any such nuisance may be certified to the County Auditor in accordance with law to be assessed as a lien on the real estate from which the nuisance originated; provided however, that such costs shall not be certified unless the following conditions have been met:
(1) Any appeal timely made under the Building and Housing Code has been finalized according to the proper procedures; and
(2) Upon receipt of notice of the occurrence of nuisance activities on the premises as set forth in division (b) of this section, the owner of the property establishes that 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).
(g) Whenever the Housing Manager has certified a lien on a property stemming from a violation of this chapter, no certificate of occupancy shall be issued for the property as a rental unit.
(Ord. 86-2006. Passed 5-15-06; Ord. 179-2006. Passed 10-16-06; Ord. 134-2010. Passed 10-4-10; Ord. 145-2016. Passed 12-19-16; Ord. 31-2018. Passed 2-20-18; Ord. 69-2018. Passed 5-21-18.)
Whoever violates or fails to comply with any provisions of this chapter shall be guilty of a minor misdemeanor and fined not more than one hundred and fifty dollars ($150.00) for a first offense. Whoever shall be convicted of a second violation of this chapter for a second or subsequent offense within a period of two years from the date of the next prior conviction shall be guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned for not more than thirty days, or both. Each day of violation shall constitute a separate offense.
(Ord. 86-2006. Passed 5-15-06.)