(a) In an action under this section, the City shall have the initial burden of proof to show by a preponderance of the evidence that a violation under that section has occurred.
(b) The City shall be deemed to have failed to have met this standard if the owner demonstrates by a preponderance of the evidence that:
(1) He or she was not the owner at the time of any of the nuisance activity that is the basis of the notice;
(2) He or she has knowledge of the nuisance activity, but has promptly and vigorously taken all actions necessary to abate each nuisance including, without limitation, compliance with the requirements of Ohio R.C. 5321.17(C) and 5321.04(A)(9); or
(3) He or she had no knowledge of the nuisance activity and could not, with reasonable care and diligence, have known of the nuisance activity; and upon receipt of the notice of the declaration of the property as a nuisance property, he or she promptly took all actions necessary to abate the nuisance including, without limitation, compliance with the requirements of Ohio R.C. 5321.17(C) and 5321.04(A)(9).
(c) If the owner performed a background check prior to leasing and is in the process of eviction, either at the time of the third nuisance/second felony drug activity or as a result of the third nuisance/second felony drug activity, the City shall not deem the property a chronic nuisance.
(Ord. O2015-24, passed 7-7-2015)