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.)