543.03 DETERMINATION THAT PREMISES IS A CHRONIC NUISANCE.

   (a)   After the Chief of Police has notified the City Manager as provided in Section 543.02(a), the Chief of Police shall thereafter notify the City Manager whenever an additional Chronic Nuisance Activity has occurred at the subject property, premises, or unit. The Chief of Police shall calculate the cost of enforcement for each such Chronic Nuisance Activity, and include such calculation in the notice. Such notification shall be made upon each occurrence of a Chronic Nuisance Activity at the subject property, premises, or unit until the Chief of Police is notified by the City Manager that the Chronic Nuisance at that property, premises, or unit has been abated.

   (b)   Following receipt of the notification provided for in Section 543.03(a), City Manager shall determine whether such additional Chronic Nuisance Activity has occurred more than 18 days after a notice has been issued pursuant to Section 543.02(b). If the notice made pursuant to Section 543.02(a) is received more than 18 days after a notice has been issued pursuant to Section 543.02(b), and if the owner of the subject property, premises, or unit has not responded as required pursuant to Section 543.02(c)(3), the City Manager may determine that the property, premises, or unit is a Chronic Nuisance.

   (c)   Upon determination that a property, premises, or unit is a Chronic Nuisance, the City Manager shall issue a lawful order to the owner to abate the Chronic Nuisance, notify the owner that the owner is being billed for the cost of this and any subsequent Chronic Nuisance Activity, and bill the owner for the cost of enforcement. Failure to abate the Chronic Nuisance

shall be deemed a violation of this chapter.

   (d)   The notice and order provided for in Section 543.03(c) 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 and order are returned as undeliverable, the notice and order shall be deemed properly delivered if they are either posted on the front door of the premises that is the subject of the notice and order or if they are 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 description of the Chronic Nuisance Activity or Activities for which the owner is being billed, including the dates of the Chronic Nuisance Activity or Activities;

      (3)   An order that the Chronic Nuisance be abated; and

      (4)   A statement that the owner may appeal the determination that the property, premises, or unit is a Chronic Nuisance, or may appeal the amount of the bill as provided in Section 543.05.

   (e)   A determination that a property, premises, or unit is a Chronic Nuisance shall be effective against the owner until such determination is reversed on an appeal or until the Chronic Nuisance is abated.

(Ord. 2017-6-67. Passed 6-28-17.)