(A) Title. This section shall be known as the Drug House Nuisance Abatement Code of Logan, Ohio.
(B) Purpose and intent. The purposes and intent of this section is to promote the health, convenience, comfort and welfare of the city's citizens and advance the social, physical and intellectual standard of its citizenship; and thereby to protect the public health, safety and welfare of city inhabitants by eliminating nuisances in structures and on premises which are used for illegal drug activity; to prevent the blighting of the city's neighborhoods; to promote peaceful and safe communities; and to provide for administration, enforcement and penalties of this section.
(C) Existing remedies. The provisions of this section shall not be construed to abolish or impair existing remedies or the jurisdiction of city officials or departments relating to the enforcement of any federal, state, or municipal criminal law, or the enforcement of any other law, ordinance, rule or regulation affecting a subject premises or the occupants thereof.
(D) Workmanship/application of other codes. All repairs, maintenance work, alterations and installations which are caused directly or indirectly by the enforcement of this section shall be executed and installed in a workmanlike manner and in accordance with property maintenance, building, plumbing, mechanical and other applicable codes or laws.
(E) Unlawful acts. No person or entity shall erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another to occupy, or permit another person to occupy, any structure or premises regulated by this section, or cause the same to be done, contrary to, in conflict with or in violation of any of the provisions of this section, or fail to obey a lawful order of the Drug House Nuisance Administrator, or remove or deface a placard or notice posted under the provisions of this section.
(F) Prohibition against transfer of ownership. No owner of any structure or premise who is the subject of a nuisance order under this section shall sell, transfer, mortgage, lease or otherwise dispose of the property to another until the provisions of the nuisance order have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any nuisance order issued under this section, and furnishes to the Administrator a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such nuisance order and fully accepting the responsibility, without condition, for taking the actions necessary to comply with the nuisance order, abatement plan thereunder, and any other provisions of this section.
(G) Rules of construction.
(1) Terms defined in other parts. Where terms are not defined in this section and are defined in other chapters of the Logan Codified Ordinances, such terms shall have the meanings ascribed to them in those chapters.
(2) Terms not defined. Where terms are not defined in this section, or in any other section of the Logan Codified Ordinances, such terms shall have ordinarily accepted meanings such as the context implies.
(3) Terms to include "or any part thereof". Whenever the words "dwelling unit", "dwelling", "premises", "building", "rooming house", "rooming unit", "story" and "structure" are used in this section, they shall be construed as though they were followed by the words "or any part thereof", and shall include the exterior lands surrounding the premises.
(H) Drug house; public nuisance defined.
(1) DRUG HOUSE. Any premises or structure within which, or upon the grounds of, illegal drug activity has taken place, as shown by a preponderance of the evidence, regardless of whether there has been any criminal conviction in a court of law for such activity.
(2) ILLEGAL DRUG ACTIVITY. Any conduct which would constitute a violation of any provision of R.C. Chapter 2925 or any similar provision of any federal or local law, regardless of whether there has been a criminal conviction for the same activity.
(3) PUBLIC NUISANCE. Any structure or premise which is determined to be a drug house under this section is hereby determined to be a public nuisance, subject to the abatement procedures set forth in this section.
(I) Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Code shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Code which shall continue in full force and effect, and to this end the provisions of this Code are hereby declared to be severable.
(J) Saving clause. This Code shall not affect violations of any other ordinance, code or regulation existing prior to the effective date hereof, and any such violation shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.
(K) Findings and purpose. The City of Logan finds, determines and declares that:
(1) Foreclosed properties and buildings, and properties in the foreclosure process, that remain vacant and unoccupied for any appreciable period of time become an attractive nuisance to children, a harborage for rodents, an increased fire hazard, and an invitation to derelicts, vagrants and criminals as a temporary residence and as a place to engage in illegal conduct, frequently including illegal drug-related activity; that unkempt and unsecured grounds surrounding such buildings invite the dumping of garbage and trash thereon and the congregation of unauthorized persons who use the property for illegal activity; that such buildings contribute to the growth of blight within the city, necessitate additional governmental services and costs, significantly interfere with the use and enjoyment of neighboring properties, and depress market values of surrounding properties, thereby reducing tax revenues; and that such buildings accordingly create an unhealthy and unsafe condition affecting the public and constitute an unreasonable use of property and a public nuisance.
(2) Protection of the public health, safety and welfare requires the establishment and enforcement of the means by which such nuisance conditions may be prevented and abated.
(3) Vacant properties that are going through or have been through the foreclosure process are frequently the responsibility of banks, lenders, and/or servicers.
(4) Properties in default and real-estate owned ("REO") properties are at a greater risk of becoming unmaintained vacant properties than other properties.
(5) Even one vacant property that is not actively and well maintained, monitored and managed can cause blight and crime.
(6) It is in the interest of the welfare of neighborhoods in the city that banks, lenders, and/or servicers which fail to maintain vacant properties that they own or have an interest in be subject to the imposition of fines.
(Ord. 22-2021, passed 5-11-21)