(a) The following activities occurring on any residential or commercial property, and engaged in by an owner, tenant, occupant or invitee of the owner, tenant, occupant, or invitee of that property, are hereby declared to be Public Nuisance Activities:
(11) Any weapons, explosives, firearms or handgun violation under Chapter 549 of the Codified Ordinances;
(12) Any felony offense as defined by the Ohio Revised Code.
(b) For purposes of this Section:
(1) “Property” means and includes land, together with appurtenant land, such as a parking area, loading area, landscaping, buildings and structures, provided, however, that, if a property consists of, or is subdivided into, more than one occupancy unit, such as apartments, office suites, storefronts, or condominiums, “property” shall be limited to that occupancy unit at which a nuisance activity has occurred or is occurring, unless repetitive nuisance activities are caused by the same actor(s) at multiple unit locations.
(2) “Chronic Nuisance Property” means property on which three (3) or more nuisance activities and/or two (2) felony drug abuse offenses, as defined in Section 2925.01, Ohio Revised Code, have occurred during any six (6) month period.
(c) No person shall knowingly permit property that he or she owns to become or remain a Chronic Nuisance Property. Whoever violates this provision is guilty of knowingly permitting a Chronic Nuisance Property, a minor misdemeanor.
(d) (1) Upon finding that three (3) or more Public Nuisance Activities declared in this section have occurred within or in connection with, the same property within any twelve (12) month period, the Village may cause a written notice and order to abate nuisance to be served on the owner of the property by the Chief of Police or his designee, declaring that such property is a Chronic Nuisance Property. The notice and order shall set forth the nature of the Public Nuisance, the estimated costs to abate any future nuisance, and state that the owner may avoid being charged the costs of such abatement by taking steps to prevent any further Public Nuisance Activity as set forth in this section. The notice shall further state that if a fourth or subsequent Public Nuisance Activity as declared in this section occurs within twelve months of the date of the first nuisance activity, the Village may: (1) abate the nuisance by responding to the activities using administrative and law enforcement actions with the costs of such abatement shall be assessed on the Chronic Nuisance Property; and/or (2) charge and assess the costs of any future emergency services responses to the Chronic Nuisance Property.
(2) The owner of a Chronic Nuisance Property who receives a notice from the Chief of Police or his designee purusant to this section may appeal such notice by submitting a written request for reconsideration to the Chief of Police within thirty (30) days of the date of the notice. If the Chief of Police finds that the facts presented do not support the declaration of a nuisance, the Chief shall rescind the notice. Otherwise the Chief shall deny the request. The owner may then, within thirty (30) days, submit an appeal of that decision to the Village Council. Any such appeal shall not stay any actions by the Village. On appeal before the Council, the Chief of Police must show by a preponderance of the evidence that each violation stated in the notice being appealed has occurred, and that the declaration of the property as a Chronic Nuisance Property is applicable, is jusified. The owner shall have a defense if the owner demonstrates by a preponderance of evidence that:
A. He or she was not the owner at the time of any of the Public Nuisance Activity that is the basis of the notice; or
B. He or she had knowledge of the Public 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
C. 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).
(e) If within twelve (12) months after being declared a Chronic Nuisance Property, a fourth or subsequent Public Nuisance Activity as declared in this section occurs, the Village may take any one or more of the following actions:
(1) 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. The Village shall cause the Chief of Police or his designee to provide notice to the owner of the nuisance property of the Village’s intent to assess the costs of abatement against the owner’s property at least thirty (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.
(2) Charge the owner and assess agaisnt the Property the costs of any emergency services responses to the Chronic Nuisance Property in connection with a Public Nuisance Activity.
(f) Any notice described in this Section may be served 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 Village if it cannot be served in any of the other ways above mentioned.
(Ord. 2021-29. Passed 7-12-21.)