543.01 DEFINITIONS.

   For the purpose of this Chapter the words and phrases defined in the sections hereunder shall have the meanings therein respectively ascribed to them, unless a different meaning is clearly indicated by the context.

   (a)   "Codified Ordinances" shall mean the Codified Ordinances of the City of Hamilton, Ohio.

   (b)   "Chronic Nuisance" shall mean a premises or property that is in violation of Section 543.03 of the Codified Ordinances.

   (c)   "Chronic Nuisance Activity" shall mean any of the following activities, conduct, or behavior whenever engaged in by owners, operators, occupants, or persons associated with a property, premises, or unit:

      (1)    Any criminal or delinquent act as defined by local or state laws where the actor is the perpetrator of the offense and not the victim, and

      (2)   Any nuisances as defined in Section 3767.01(C) of the Ohio Revised Code.

   (d)   "Occupant" shall mean any person who stays at the property or who has actual or constructive possession of, property, including, without limitation, a lessee, sub-lessee, assignee, licensee, or permittee.

   (e)   "Operator" shall mean any person, firm, partnership, company, corporation or association, including their employees, agents, or contractors, that controls, operates, or manages a premise(s).

   (f)   "Owner" shall mean any person, partnership, firm, company, a mortgagee, vendee in possession, land contract purchaser, assignee of the rents, receiver, executor, administrator, trustee, or lessee association, trust or corporation, who alone or jointly with others, shall be in possession of or have any control of any premises, or is listed as the owner of a premises on the records of the Butler County Auditor.

   (g)   "Person associated with" shall mean any person who, whenever engaged in a Chronic Nuisance Activity, enters, patronizes, visits; attempts to enter, patronize or visit; or waits to enter, patronize, or visit, a premises or person present on a premises, including any officer, director, customer, agent, employee, or independent contractor of a premises owner.

   (h)   "Property" or "premises" shall mean a platted lot or part thereof, or unplatted lot or parcel of land, or plot of land either occupied or unoccupied by any building or structure, equipment, or property of any kind.

   (i)   "Unit" shall mean an individual residential dwelling in which the occupant(s) have a right to exclusive possession, including but not limited to an individual apartment within an apartment complex or an individual dwelling within a multi-family home.

   (j)   "Abated" shall mean that no Chronic Nuisance Activities have occurred for a period of two (2) years at a property, premises, or unit that has been determined to be a Chronic Nuisance.

   (k)   Chief of Police shall mean the Chief of the Hamilton Police Department or his designee.

   (l)   City Manager shall mean the City Manager for the City of Hamilton or his designee.
(Ord. 2017-6-67. Passed 6-28-17.)