(a) “Nuisance” means:
(1) An unreasonable interference with a right common to the general public. Unreasonable interference includes:
A. Conduct that significantly interferes with public health, safety, peace, comfort, or convenience;
B. Conduct that is contrary to a statute, ordinance, or regulation; or
C. Conduct that is of a continuing nature or has produced a permanent or long-lasting effect, and has a significant effect upon the public right, of which the actor is aware or should be aware;
(2) Any weeds or any grass growing upon a parcel of land and/or any abutting treelawn that is six inches or higher in height or any vegetation that obstructs views compromising safe ingress or egress or otherwise impedes traffic, including pedestrian traffic, on any public rights-of-way. Treelawn means the landscaped area between the sidewalk and the paved portion of a street;
(3) Any deterioration of structural materials or lack of repair or maintenance of a building, structure or real estate that is a hazard to the health, safety or welfare of its occupants or the public or that, if not abated, will become a blighting or deteriorating factor in the neighborhood that impairs or adversely affects the value of neighboring property, including deterioration of sidewalks or vegetation, an unsecured vacant structure, and abandoned, unusable personal property or other debris;
(4) The following activities occurring either on residential or commercial property, or within 1,000 feet of the property line of said residential or commercial property, and engaged in by an owner, or the owner's agent, or the owner's lessee, occupant, invitee or the person or entity in charge of said residential or commercial property (including individual apartment and condominium units):
A. Any animal violations in Chapter 618 including but not limited to Sections 618.03 (Dogs and Other Animals Running at Large); 618.09 (Dangerous and Vicious Dogs); 618.05 (Barking or Howling Dogs); 618.06 (Poisoning Animals, Cruelty to Animals, Neglect of Animals); 660.04 (Noxious Odors; Unsanitary Conditions);
B. Any peace disturbance violations in Chapter 648 including but not limited to Sections 648.04 (Disorderly Conduct), 648.09 (Disturbance of the Peace), 648.16 (Curfews for Children), 648.17 (Truancy);
C. Any noise control violation under Chapter 634, including but not limited to Sections 634.02 (Prohibition of Noise Emissions) and 634.03 (Residential Property);
D. Any drug abuse violation under Chapter 624, including but not limited to Sections 624.02 (Drug Trafficking), 624.025 (Cultivation of Marihuana) and 624.03 (Drug Abuse);
E. Any gambling violation in Chapter 630;
F. Any health, safety, or sanitation violation under Chapter 660, including but not limited to Sections 660.03 (Dumping and Littering on Public and Private Property), 660.07 (Abandoned Motor Vehicles), and 660.10 (Sidewalk Obstructions; Damage; Injury);
G. Any general violations in Chapter 606 including but not limited to Section 606.14 (Obstruction of Official Business), 606.15 (Obstructing Justice), 606.16 (Resisting Arrest), and 606.165 (Fleeing a Police Officer);
H. Any alcohol violations under Chapter 612, including but not limited to Section 612.02 (Sales to or for an Underage Person; Furnishing Alcohol to Underage Persons);
I. Any sex related offenses in Chapter 666 including but not limited to Sections 666.04 (Public Indecency), 666.05 (Voyeurism), 666.08 (Soliciting), or 666.09 (Prostitution);
J. Any offense against another person in Chapter 636 including but not limited to Sections 636.02 (Assault), 636.03 (Negligent Assault), 636.04 (Aggravated Menacing), 636.05 (Menacing), 636.11 (Endangering Children), 636.15 (Threatening or Harassing Telecommunications) and 636.17 (Domestic Violence);
L. Any weapons or explosives violations in Chapter 672, including, but not limited to Sections 672.02 (Carrying Concealed Weapons), 672.05 (Unlicensed Weapon or Firearms), 672.06 (Unlawful Transactions of Weapons), and 672.10 (Fireworks);
M. A felony drug activity in violation of R.C. Chapter 2925 or substantially equivalent Federal laws.
Violations comparable to any of the above local code violations written in State Code shall be included as nuisance violations for the purpose of this chapter.
The above references to sections of the General Offenses Code and state and Federal laws should not be interpreted to mean that a prosecution of the specific charge is a necessary prerequisite to an action under this chapter nor shall it be interpreted to mean that proof of the action beyond a reasonable doubt is required. Nothing in this chapter shall be construed in a manner to penalize victims of domestic violence or otherwise discourage victims of domestic violence to seek law enforcement assistance.
(5) Actions committed by a juvenile occurring on properties in the City that would constitute an offense listed in division (a)(4) of this section if committed by an adult; or
(6) Any designation of a nuisance by City ordinance or resolution, state law, or a court of law, or any ongoing violation of state or City law that unreasonably interferes with a right common to the general public.
(7) Any vehicle standing or parking on places prohibited by Section 452.03(a), (b), (u), or (v), including standing or parking of a vehicle on a sidewalk, in front of a private driveway, between the sidewalk and roadway, or upon any part of a private lot or land in the City other than a driveway.
(b) “Responsible party” means the owner of the property as defined in Section 1486.01(f) of the Codified Ordinances and/or the "agent in charge" as defined in Section 1486.01(a) of the Codified Ordinances. If the property is rented or occupied by another party and the Mayor or designee has determined that the renter or occupant may be creating or otherwise contributing to the nuisance, then the renter or occupant of the property is also the responsible party.
(d) “Registration of rental property” has the same meaning as set forth in Section 1486.01(g) of the Codified Ordinances.
(e) “Tenant rental license” has the same meaning as set forth in Section 1486.01(k) of the Codified Ordinances.
(Ord. 2016-106. Passed 3-1-17; Ord. 2021-107. Passed 10-6-21.)