1369.07 CRIMINAL ACTIVITY AS A NUISANCE; COSTS OF ENFORCEMENT.

   (a)   The following activities occurring on properties in the City are hereby declared to be a public nuisance:

      (1)   Unreasonable noise and other acts of disorderly conduct in violation of Section 648.04;

      (2)   Any drug abuse offense in violation of Sections 620.03, 620.05, 620.07 or 620.08;

      (3)   Assault in violation of Section 636.02 and/or domestic violence in violation of Section 636.13 provided the offender is a resident of the premises where the assault or domestic violence occurs or an invited guest of a resident of said premises;

      (4)   Littering and/or maintenance of litter in violation of Sections 660.13, 660.19 and/or 660.20.

      (5)   Barking or howling animals in violation of Section 618.03;

      (6)   Keeping a vicious dog on the premises on a permanent or temporary basis, or allowing such a dog to remain on the premises in violation of Section 618.17 or 618.19;

      (7)   Public indecency in violation of Section 660.06;

      (8)   Any of the following activities when conducted by a resident or occupant of a premises against a person who resides within 1000 feet of the resident or occupant or against the property of such a person;

         A.   A theft offense in violation of Section 642.04;

         B.   An offense against property in violation of Section 642.07, 642.10, 642.09 and/or 642.125;

         C.   An offense against person in violation of Section 636.03, 636.04, 636.045, 636.05, 636.06, 636.07 and/or 636.08.

      (9)   Using the telephone number of the 9-1-1 system to report an emergency if a person knows no emergency exists or knowingly using a 9-1-1 system for a purpose other than obtaining emergency service. Actions committed by a juvenile that would constitute an offense listed in the section if committed by an adult are also declared to be a public nuisance.

   (b)   The Service Director, Building Commissioner and Director of Law shall have full authority to abate such nuisances specified in subsection (a) hereinabove in accordance with law, and all administrative and law enforcement costs incurred by the City in abating any such nuisance may be certified to the County Auditor in accordance with law to be assessed as a lien on the real estate from which the nuisance originated; provided, however, that such costs shall not be certified unless the following conditions have been met:

      (1)   Two or more nuisance activities have occurred on or with relation to the same premises within a one year period of one felony drug activity in violation of Ohio R.C. Chapter 2925 or equivalent federal laws has occurred on the premises; and

      (2)   Prior to the actual certification to the County Auditor of any administrative and law enforcement costs pursuant to this section, the Finance Director or his designee shall give at least thirty business days advance written notice of intent to certify such costs to the owner of the real estate against which the costs are to be certified. Any aggrieved party may appeal such intended certification as provided in Section 1369.08 of this chapter to the Nuisance Abatement Board of Review, which may affirm, reverse or modify the proposed certification.

      (3)   Administrative and law enforcement costs shall not be charged against an owner who establishes:

         A.   He had no knowledge of the nuisance activities on the premises and could not, with reasonable care and diligence, have known of the nuisance activities occurring on the premises; and

         B.   Upon receipt of notice of the occurrence of nuisance activities occurring on the premises, he promptly took all actions necessary to abate the nuisance including, without limitation, compliance with the requirements of Ohio R.C. 5231.17(C) and 5231.04(A)(9). (Ord. 2013-17. Passed 4-9-13.)