(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.)