606.31 CRIMINAL ACTIVITY NUISANCES.

   (a)   The following activities occurring on residential property, and engaged in by an owner, occupant or invitee of the owner or occupant of residential property, are hereby declared to be public nuisances:

      (1)   Any animal violations under Sections 618.01 (dogs running at large), 618.07 (barking or howling dogs), 618.13 (nuisance condition prohibited), 618.03 (killing or injuring animals), 618.07 (cruelty to animals) or 618.05 (cruelty to companion animals);

      (2)   Any disorderly conduct, disturbance of the peace or other violation of Chapter 648;

      (3)   Any drug abuse violation under Chapter 648;

      (4)   Any gambling violation under Chapter 630;

      (5)   Any health, safety, or sanitation violation under Chapter 630;

      (6)   Any obstruction of official business violation under Section 606.14;

      (7)   Any alcohol violations under Chapter 612;

      (8)   Any sex offenses under Sections 666.06 (public indecency), 666.07 (procuring), 666.08 (soliciting), 666.085 (loitering to engage in solicitation) or 666.09 (prostitution);

      (9)   Any offense against another person under Sections 636.02 (assault), 636.03 (negligent assault), 636.04 (aggravated menacing), 636.05 (menacing), 636.11 (endangering children), 606.29 (misuse of 9-1-1), or 636.12 (unruliness and delinquency);

      (10)   Any offense against property under Sections 642.10 (criminal damaging or endangering) or 642.11 (criminal mischief);

      (11)   Any theft violation under Sections 642.02 (petty theft), 642.05 (unauthorized use of property), or 672.15 (criminal tools);

      (12)   Any weapons, explosives, firearm or handgun violation under Chapter 672;

      (13)   Any noise violation under Chapter 648; and

      (14)   Any fireworks violation under Sections 672.10, 672.111, 672.12 and 672.125.

   (b)   (1)   The Chief of Police or his designee, upon finding that two or more nuisance activities declared in this section have occurred within any 12 month period, may cause a written notice and order to be served on the owner of the property declaring that such property is a nuisance property. The notice and order shall set forth the nature of the nuisances, the estimated costs to abate any future nuisance, and state that the owner may avoid being charged the costs of abatement by taking steps to prevent any further nuisance activity as set forth in this section. The notice shall further state that if a third or subsequent nuisance activity as declared in this section occurs within 12 months of the dates of the first two activities, the City may abate the nuisance by responding to the activities using administrative and law enforcement actions, and the costs of such abatement shall be assessed on the nuisance property.

      (2)   The notice shall be served on the owner(s) that are listed on the records of the Lake County Auditor by delivering it personally to the owner or leaving it at the owner's usual place of business or residence, or by posting it in a conspicuous place on the real estate involved, or by mailing it to the owner, or by publishing it once in a newspaper of general circulation within the City if it cannot be served in any of the other ways above mentioned.

   (c)   If within 12 months after the first of the two nuisances referred to in division (b) of this section has occurred, a third nuisance activity as declared in this section occurs, the City may abate the nuisance by responding to the activity using administrative and law enforcement actions, and the costs of such abatement shall be assessed on the nuisance property in the manner that is set forth in Chapter 678, and the costs shall be calculated as set forth in division (e) of this section. The City shall provide notice to the owner of the nuisance property of the City's intent to assess the costs of abatement against the owner's property at least 30 days before such costs are certified to the county for assessment against the property, and such notice shall contain a description of the nuisance activity that is the basis for the notice of intent to assess the property, and the cost to abate. Notice shall be served as set forth above in division (b) of this section.

(Ord. 2009-O-07. Passed 3-24-09.)