561.11 FAILURE TO ABATE A PUBLIC NUISANCE.

   (a)   No person shall fail or refuse to abate a public nuisance within the time prescribed in the notice served pursuant to Section 561.02 and any extension thereof granted in writing by the Review Board Director.

   (b)   No person shall fail or refuse to comply with an order to abate a public nuisance, as provided in Section 561.02.

(Ord. 35-15. Passed 11-5-15.)

561.12 CULPABILITY.

   (a)   A violation of Sections 561.04, 561.09, 561.10, or 561.11 shall be construed to be a strict liability offense.

   (b)   A violation of Section 561.08 shall be construed to be a strict liability offense as to all owners or persons responsible for the nuisance. Negligence, as defined in Section 501.08, shall be the standard of culpability as to all other persons who violate Section 561.08.

(Ord. 35-15. Passed 11-5-15.)

561.13 REPUTATION.

   In any case in which it necessary to prove that a property is a public nuisance as defined in Section 561.01, evidence as to the reputation of such place shall be admissible on the question of whether the property is or is not a public nuisance, and every owner and every person responsible for the premises shall be presumed to have knowledge of the reputation of the place.

(Ord. 35-15. Passed 11-5-15.)

561.14 ENFORCEMENT.

   Prosecution for the violation of any provisions of this chapter shall be initiated only by the filing of a complaint by an officer, agent, or employee of the City of Fairborn, Ohio. The mere filing of a complaint shall, however, create a rebuttable presumption that it was filed by an officer, agent, or employee of the City. (Ord. 35-15. Passed 11-5-15.)

561.99 VIOLATIONS AND PENALTIES.

   (a)   Any person who violates Sections 561.04, 561.08, 561.09, 561.10, or 561.11, or fails to comply with any of the requirements contained therein, is guilty of a misdemeanor of the third degree, punishable as provided by Section 501.99. No culpable mental state is required to commit an offense; it being the express intent of this section to impose strict criminal liability for each offense. Each day a violation continues is a separate offense.

   (b)   Nothing contained in this section shall prevent the City from taking such other lawful action as is necessary to prevent or remedy a violation of Sections 561.04, 561.08, 561.09, 561.10, or 561.11, or the requirements contained therein.

(Ord. 35-15. Passed 11-5-15.)

CODIFIED ORDINANCES OF FAIRBORN