1313.01 DEFINITIONS.

   (a)   "Nuisance" means:

      (1)   An unreasonable interference with a right common to the general public. Unreasonable interference includes (i) conduct that significantly interferes with public health, safety, peace, comfort, or convenience; (ii) conduct that is contrary to a statute, ordinance, or regulation; or (iii) conduct that is of a continuing nature or has produced a permanent or long-lasting effect, and has 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 tree lawn that is six (6) inches or higher in height or any vegetation that obstructs views compromising safe ingress or egress or that otherwise impedes traffic, including pedestrian traffic, on any public rights of ways; or any tree, limb, plant or shrubbery which is dead, decayed or broken and presents a safety risk or creates a nuisance condition; or any tree, limb, plant or shrubbery not maintained at the proper height as hereafter set forth; or the presence of any grass clippings or leaves or debris within the streets or public rights-of-way; or litter placed or present upon a parcel of land. "Tree lawn" means the landscaped area between the sidewalk and the paved portion of the 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, is or 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 debris.

      (4)   Any unsafe structure as determined by the Housing Officer under Codified Ordinance Section 1301.07.

      (5)   The following activities committed on properties in the Village:

         A.   Unreasonable noise and other acts of disorderly conduct in violation of Codified Ordinance Section 509.10 or 509.03 or substantially equivalent state laws;

         B.   A felony drug activity in violation of Ohio Revised Code Chapter 2925 or substantially equivalent federal laws;

         C.   Any drug abuse offense in violation of Codified Ordinance Sections 513.03, 513.04, 513.05, 513.06, 513.08, 513.16 or substantially equivalent state laws;

         D.   Assault in violation of Codified Ordinance Section 537.03 or substantially equivalent state laws;

         E.   Littering or maintenance of litter in violation of Codified Ordinance Sections 521.01, 521.08, 521.09, 521.12, 521.13, 521.15 or substantially equivalent state laws;

         F.   Repeated failure to trim trees or shrubbery or to remove weeds or excessive growth by the owner or occupant of land in violation of Codified Ordinance Sections 557.01, 557.02 or 557.03 or substantially equivalent state laws;

         G.   Barking or howling animals in violation of Codified Ordinance Section 505.09 or substantially equivalent state laws;

         H.   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 Codified Ordinance Sections 505.02, 505.08, 505.19 or substantially equivalent Village or state laws as amended from time to time; or

         I.   Any of the following activities, when conducted by a resident or occupant of a premises against a person who resides within 1,000 feet of the resident or occupant or against the property of such a person:

            1.   A theft offense in violation of Codified Ordinance Sections 545.05 or 545.08 or substantially equivalent state laws;

            2.   An offense against property in violation of Codified Ordinance Sections 541.02, 541.03, 541.05, 541.051, 541.06, 541.09 or substantially equivalent state laws;

            3.   An offense against a person in violation of Codified Ordinance Sections 537.03, 537.04, 537.05, 537.051, 537.06, 537.07, 537.08, 537.09, 537.10, 537.11 or substantially equivalent state laws;

            4.   Littering in violation of Codified Ordinance Section 521.08 or substantially equivalent state laws;

         J.   Four (4) or more Police Department calls for service to the same address, made in connection with any of the foregoing offenses/conditions set forth in subsections (a)(5)A. through I. hereof.

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 a 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.

      (6)   Any designation of a nuisance by Village ordinance or resolution, state law, or a court of law, or any ongoing violation of state or village law that unreasonably interferes with a right common to the general public.

   (b)   "Responsible Party" means the owner of the property. 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.

(Ord. 21-123. Passed 8-12-21.)