543.02 NOTIFICATION THAT PREMISES MAY BE A CHRONIC NUISANCE.
   (a)   The Chief of Police shall notify the City Manager, when either of the following circumstances have occurred at a property, premises, or unit:
      (1)   When three or more Chronic Nuisance Activities have occurred at the property, premises, or unit, where each activity occurs on a separate day during a thirty-day period; or
      (2)   The commission of a felony drug offense under any provision of Chapter 2925 or 3719 of the Ohio Revised Code has occurred at the property, premises, or unit.
   (b)   Upon receipt of the notification provided for in Section 543.02(a), the City Manager shall notify the owner in writing that the subject property, premises, or unit is in danger of being determined to be a Chronic Nuisance.
   (c)   The notice provided for in Section 543.02(b) shall be deemed properly delivered if sent by first class mail to the address for the owner listed on the records of the Butler County Auditor. If the notice is returned as undeliverable, the notice shall be deemed properly delivered if it is either posted on the front door of the property, premises, or unit that is the subject of the notice and order, or if it is delivered in person to the owner. The notice shall contain the following information:
      (1)   The street address or legal description sufficient for identification of the property, premises, or unit;
      (2)   A factual description of the Chronic Nuisance Activities that have occurred at the property, premises, or unit, including the dates of the Chronic Nuisance Activities;
      (3)   A statement that the owner shall respond to the City Manager identified in the notice, within 15 days of the date of the owner's receipt of the notice with a written plan to abate the Chronic Nuisance Activities, which plan must then be approved by the City Manager;
      (4)   A statement that the requirement that the owner provide a written plan to abate the Chronic Nuisance is a lawful order, and that failure to provide a written plan could subject the owner to penalties pursuant to Section 543.04 of the Codified Ordinances; and
      (5)   The submitted plan shall be reviewed by the City Manager to determine that the plan deals with the conditions which create the Chronic Nuisance. The City Manager may adopt, reject, or revise or the property owner's plan. Notice of this action shall be the same as other sections of this ordinance.
      (6)   A statement that future enforcement at the property, premises, or unit as a result of Chronic Nuisance Activities may result in a determination that the property, premises, or unit is a Chronic Nuisance pursuant to Section 543.03 of the Codified Ordinances.
   (d)   The notice provided for in Section 543.02(b) is a lawful order. Each directive contained in the notice is a separate lawful order, and failure to obey any directive is subject to penalties pursuant to Section 543.04 of the Codified Ordinances.
(Ord. 2017-6-67. Passed 6-28-17.)