(a) Whoever violates this chapter or fails to obey any lawful order issued by the Village Solicitor, or his or her designee, to abate a chronic nuisance within thirty (30) days or to provide a written plan to abate the nuisance activities within ten (10) days, is guilty of a misdemeanor of the fourth degree on the first offense and guilty of a misdemeanor of the third degree on the second and subsequent offense. Each day's continuation of a violation or failure to comply is a separate offense.
(b) As an alternative to criminal prosecution, the Village Solicitor, or his or her designee, may cite a person who violates any provision of this chapter or fails to obey any order to abate a chronic nuisance within thirty (30) days or to provide a written plan to abate the nuisance activities within ten (10) days. Such civil citation may then be pursued as a civil action in a Court of appropriate jurisdiction.
(1) Citations for nuisance activities shall be imposed based on the number of bills for enforcement sent to a premises owner for a specific premise(s) within a two-year period beginning with the date of the nuisance activity that is the subject of the first bill for enforcement sent to the premises owner for that specific premises.
(2) Whenever a premises owner has been billed on three or more separate dates within a two-year period beginning with the date of the nuisance activity that is the subject of the first bill for enforcement sent to the premises owner for that specific premises, the Police Chief, or his or her designee, shall issue a citation to the premises owner as follows:
A. For the fourth bill within a two-year period, a citation of five hundred dollars ($500.00) shall be imposed;
B. For the fifth bill within a two-year period, a citation of one thousand dollars ($1,000.00) shall be imposed;
C. For the sixth bill within a two-year period, a citation of one thousand five hundred dollars ($1,500.00) shall be imposed;
D. For the seventh bill within a two-year period, a citation of five thousand dollars ($5,000.00) shall be imposed;
E. For each bill after the seventh bill within a two-year period, a citation of ten thousand dollars ($10,000.00) shall be imposed.
(c) With regard to any premises or unit where a violation occurs that constitutes a nuisance activity, that premises or unit shall be a public nuisance subject to abatement pursuant to Ohio Revised Code Chapter 3767 including, but not limited to, a one year closure of the premises or unit where the nuisance activity occurred.
(d) Notwithstanding the requirements of this chapter, the Village Solicitor is authorized to file suit under state and local law to abate nuisances existing at property or premises, including seeking injunctive relief.
(e) Notwithstanding subsections (a) and (b) or Section 557.04, no criminal sanctions, civil citations or bills shall be issued under this Chapter if the owner submits a written plan to abate the nuisance activities pursuant to Section 557.02, but the premises shall remain subject to abatement under Ohio Revised Code Chapter 3767.
(Ord. 2019-8. Passed 6-24-19.)