561.01 Definitions.
561.02 Procedure for abatement of a public nuisance.
561.03 Service of notice.
561.04 Duty to vacate premises.
561.05 Appeal hearing of public nuisance structures.
561.06 Abatement of public nuisance by City.
561.07 Sections 561.01 through 561.06 not exclusive.
561.08 Illegal occupancy of a public nuisance.
561.09 Unauthorized entry upon nuisance premises.
561.10 Transfer of ownership.
561.11 Failure to abate a public nuisance.
561.12 Culpability.
561.13 Reputation.
561.14 Enforcement.
561.99 Violations and penalties.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(a) Abate: When a public nuisance has been determined to exist pursuant to subsection (e)(1) of the definition for public nuisance below, it shall not be deemed to have been abated until it has been made to comply with all applicable housing, building, zoning, and fire code requirements.
When a public nuisance has been determined to exist pursuant to subsection (e)(1) of the definition for public nuisance below, it shall not be deemed to have been abated until all such use constituting a nuisance is terminated.
(b) Public Nuisance Appeals Board: Whenever in Sections 561.01 through 561.99, a reference is made to a Public Nuisance Appeals Board, It is referring to the multiple member panel authorized by the City manager to hear the nuisance abatement appeals. The police department, fire department and code enforcement will each have a representative designated by the department head to act on his/her behalf. The City Manager will appoint the review board director and the City Solicitor will conduct a legal review of the appeals process.
(c) Owner or Occupied Owner: The owner of record of the fee of the premises or lesser estate therein, a mortgagee, vendee in possession, land contract purchaser, assignee of the rents, receiver, executor, administrator, trustee, or lessee, as determined by an examination of the public records of Greene County, Ohio, or any other person, firm or corporation in control of a building, or their duly authorized agents.
(d) Persons Responsible or Responsible Person: Any person or persons, who use, occupy, establish, or conduct a public nuisance, as defined in subsection (e)(1) of the definition for public nuisance below, or aid or abet therein.
(e) Public Nuisance: Any building, erection, place or any separate part or portion thereof, which have any or all of the conditions hereinafter described, shall be deemed to be a public nuisance.
(1) The following conditions or defects shall constitute a public nuisance when they endanger the life, health, property, safety, or welfare of the public, or of any current or prospective occupants, regardless of whether there has been a conviction for said violation:
C. Any violation of Permitting Drug Abuse as defined in Ohio R.C. 2925.13, and Fairborn Codified Ordinance 513.06.
D. Any violation of Operating a Gambling House as defined in Ohio R.C. 2915.03 and Fairborn Codified Ordinance 517.03.
E. Any alcohol related offense which is defined as a nuisance in Ohio R.C. 3767.01.
F. Any prostitution or sex related offense which is defined as a nuisance in Ohio R.C. 3767.01.
G. Any felony drug violation listed in Chapter 2925 or 3719 of the Ohio Revised Code.
H. Keeping or permitting to be kept a habitual resort for thieves, burglars, robbers or persons involved in felonious conduct as defined in Ohio R.C. 3767.12.
(Ord. 35-15. Passed 11-5-15.)
(a) Whenever the Review Board Director is notified of a suspected public nuisance and determines the existence of a public nuisance as defined in Section 561.01, he/she may cause a written notice to be served on the owner and/or other responsible person, stating the findings with respect to the existence of a public nuisance and ordering the owner and/or other responsible person, to abate the public nuisance within 15 days. Whenever the issues raised by the written notice and order have been finally determined, the review board director may request the assistance of the Legal Department in abating the public nuisance in the manner provided in Ohio R.C. Chapter 3767. If the owner and/or other responsible person fails or refuses to comply with the order to abate the public nuisance, the Review Board Director may, in addition to proceeding as provided hereinabove, proceed against the owner for any violations of this chapter.
(b) Whenever the Review Board Director suspects the existence of a building or housing code public nuisance as defined in Section 561.01 in the City, he/she shall promptly cause any necessary inspection of the premises on which the public nuisance is suspected to exist. The Review Board Director shall cause a written notice to be served on the owner stating the findings with respect to the existence of a public nuisance and stating that unless the owner or owners thereof shall cause the abatement of the public nuisance by rehabilitation or by removal of the building, structure or nuisance, the same will be abated by the City at the expense of the owner. The Review Board Director may also order the owner to take such measures as are reasonably necessary to lessen the severity of the public nuisance in a manner prescribed by the Review Board Director. If the owner fails or refuses to comply with such order, the City may cause either the abatement or the lessening of the severity of the public nuisance, at the expense of the owner, by rehabilitation or repair, or by removal of the building, structure, or nuisance. Abatement by the owner shall start within 15 days after service of the notice and shall be complete within the time prescribed in Section 561.05(c) and (d) or such additional time as the review board director may deem necessary to complete the abatement.
(c) The City may, at its option, elect to not utilize the procedure provided in Section 561.02(b), and proceed instead with the filing of an action in common pleas court in accordance with Ohio R.C. Chapter 3767.
(Ord. 35-15. Passed 11-5-15.)
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