(a) The Village Administrator or his or her designee shall notify a premises owner in writing that the premises is in danger of becoming a chronic nuisance when any of the following circumstances have occurred at the premises:
(1) When three or more nuisance activities have occurred at the premises, where each activity occurs on a separate day during a 30-day period; or
(2) The commission of a felony drug offense under any provision of Chapter 138 of the Ohio Basic Code has occurred at the premises; or
(3) When, within a one-year period, the following number of nuisance activities has occurred at the premises:
A. Premises with one to three residential units: six nuisance activities;
B. Premises with four to 19 residential units: 14 nuisance activities;
C. Premises with 20 to 39 residential units: 18 nuisance activities;
D. Premises with 40 to 119 residential units: 20 nuisance activities;
E. Premises with 120 to 199 residential units: 26 nuisance activities;
F. Premises with over 200 residential units: 30 nuisance activities;
G. Any non-residential premises: six nuisance activities.
(b) The notice provided for in division (a) of this section 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 § 684.04.
(c) The notice provided for in division (a) of this section shall be deemed properly delivered if sent by first class mail to the address for the owner listed on the records of the Hamilton 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 premises 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 is sufficient for identification of the premises;
(2) A factual description of the nuisance activities that have occurred at the premises, including the dates of the nuisance activities;
(3) A statement that the premises owner shall respond to the Village Administrator or his or her designee within ten days of the date of the owner's receipt of the notice with a written plan to abate the nuisance activities;
(4) A statement that the requirement the owner provide a written plan to abate the nuisance is a lawful order, and that failure to provide a written plan could subject the owner to penalties pursuant to § 684.04; and
(5) A statement that the cost of future enforcement at the premises because of nuisance activities shall be billed to the premises owner and could become a lien against the property if not paid.
(Ord. 2023-35, passed 6-12-2023)