For purposes of this Chapter, the following definitions shall apply unless the context thereof clearly indicates or requires a different meaning:
(a) "Abate": When a public nuisance has been determined to exist pursuant to subsection (e)(1) of the definition of "public nuisance" below, it shall not be deemed to have been abated until it has been made to comply with all applicable housing, building, zoning, and fire code requirements and all such use(s) constituting the public nuisance is terminated.
(b) "Public Nuisance Appeals Board": Whenever reference is made in this Chapter to a Public Nuisance Appeals Board, it is referring to the Board of Zoning Appeals which is authorized to hear nuisance abatement appeals hereunder. The City Manager or his/her designee will serve as the Review Board Director and the City Law Director will conduct a legal review of the appeal process.
(c) "Owner(s)": The owner of record of the fee of the premises or lesser estate therein, a mortgagee, vendee in possession, land contract purchaser, assignee of the rents, receiver, executor, administrator, trustee, or lessee, as determined by an examination of the public records of Montgomery County, Ohio, or any other person, firm corporation or entity in control of a building or structure, or their duly authorized agents.
(d) "Persons Responsible or Responsible Person": Any person or persons, who use, occupy, establish, or conduct a public nuisance, as defined in subsection (e)(1) of the definition of public nuisance below, or aid or abet therein.
(e) "Public Nuisance": Any building, structure, erection, place or any separate part or portion thereof, which has any or all of the conditions hereinafter described, shall be deemed to be a public nuisance.
(1) The following conditions or defects shall constitute a public nuisance when they endanger the life, health, property, safety, or welfare of the public, or of any current or prospective occupants, regardless of whether there has been a conviction for said violation:
A. Any violation of Permitting Drug Abuse as defined in Ohio R.C. 2925.13 and/or Moraine Codified Ordinance Section 513.05;
B. Any violation of Operating a Gambling House as defined in Ohio R.C. 2915.03 and/or Moraine Codified Ordinance Section 517.03;
C, Any alcohol related offense which is defined as a nuisance per Ohio R.C. 3767.01;
D. Any prostitution or sex related offense which is defined as a nuisance in Ohio R.C. 3767.01;
E. Any felony drug violation listed in Ohio R.C. 2925 or Ohio R.C. 3719;
F. Keeping or permitting to be kept a habitual resort for thieves, burglars, robbers, or persons involved in felonious conduct as defined in Ohio R.C. 3767.12.
(Ord. 2123-22. Passed 9-8-22.)