Whenever the village’s Police Department or any authorized members of a law enforcement agency lawfully exercising jurisdiction within the village shall receive a certified copy of two or more court adjudications or two or more police reports generated in the ordinary course of the business of the police department, or any reports from sworn personnel of any other law enforcement agency lawfully exercising jurisdiction in the village, which describe the commission of any two or more of the offenses set forth in § 131.27 upon the same property, the village’s Police Chief or the commanding officer of the law enforcement agency lawfully exercising jurisdiction in the village may take the following action:
(A) Notify by registered mail, return receipt requested, or by personal service, the owners or any occupant of the property that such property may be in danger of becoming a criminal public nuisance property under the provisions of this chapter which notice shall:
(1) Identify the property by either street address, county assessor property identification number, or legal description;
(2) Describe the acts or conduct which have occurred on the property that could be the basis for determining the property constitutes a criminal public nuisance property; and
(3) Direct the owner or occupant to contact the Police Chief or commanding officer within 14 calendar days of the date of the notice to determine and implement a plan of action which will protect the property from becoming a criminal public nuisance property.
(B) After complying with the notification procedure set forth in division (A) above, if within 12 months of the notice issued in accordance with division (A) above, the Police Chief or commanding officer receives an additional certified copy of a court adjudication or police report describing the commission of one or more of the offenses set forth in § 131.27 upon the property described in the § 131.28(A) notice previously delivered, the Police Chief or commanding officer may, by registered mail, return receipt requested, or by personal service, and in addition to either of the foregoing, by posting on the property itself, provide the owner and/or occupant of the property with a second notice which shall inform the owner and/or occupant that the property is a criminal public nuisance property, describe all acts and conduct forming the basis for the determination and direct the owner and/or occupant to contact the Police Chief or commanding officer within 14 calendar days of the date of the § 131.28(B) notice to determine and implement a plan of action which will result in the abatement of the property as a criminal public nuisance property.
(C) Proof that the notices required under this section were sent or given in the manner required hereunder shall be deemed proof that the owner or occupant of the property received such notices.
(D) Any statement made by an owner and/or occupant pursuant to the preabatement procedure will not be admissible as evidence in any proceeding under this subchapter.
(Ord. 2020-07, passed 9-15-2020) Penalty, see § 131.99