(a) Activities, as defined in any of the following provisions of the North Olmsted Codified Ordinances, occurring on any residential or commercial property located within the City, and engaged in by an owner, occupant or invitee of the owner or occupant of the property, are declared to be nuisance activities. To be a nuisance activity, a criminal conviction is not necessary. There must, however, be probable cause to believe that the activity occurred. For purposes of this Chapter, a residential property means any real property that is either zoned to permit residential occupancy or otherwise has a residential occupancy upon it. For purposes of this Chapter, a commercial property means any real property that is either zoned to permit business or general retail occupancy, or otherwise contains business uses, including but not limited to industrial, office, hotel, general retail and all other commercial uses however described.
(1) Any animal violation under Sections 505.01 (Dogs and Other Animals Running at Large), 505.04 (Abandoning Animals), 505.05 (Killing or Injuring Animals), 505.06 (Poisoning Animals), 505.07 (Cruelty to Animals Generally), 505.071 (Cruelty to Companion Animals), 505.08 (Nuisance Conditions Prohibited), 505.081 (Material to Remove Dog Feces), 505.09 (Animal Bites; Reports and Quarantine), 505.10 (Hunting Prohibited), 505.12 (Report of Escape of Exotic or Dangerous Animal), 505.13 (Rabies Vaccination of Dogs, Cats and Ferrets Required), 505.15 (Keeping, Maintaining and Feeding Wild Animals), or 505.16 (Vicious and Dangerous Animals) of the Codified Ordinances;
(2) Any disorderly conduct or disorderly activity violation under Sections 509.01 (Riot), 509.02 (Failure to Disperse), 509.03 (Disorderly Conduct; Intoxication), 509.05 (Misconduct at an Emergency), 509.06 (Inducing Panic), 509.07 (Making False Alarms), 509.08 (Minor’s Curfew), or 509.09 (Creating a disturbance; consumption of alcoholic beverages) of the Codified Ordinances;
(3) Any drug abuse violation under Chapter 513 of the Codified Ordinances;
(4) Any gambling violation under Chapter 517 of the Codified Ordinances;
(5) Any health, safety or sanitation violation under Chapter 521 of the Codified Ordinances;
(6) Any liquor control violation under Sections 529.02 (Sales to and Use by Underage Persons; Securing Public Accommodations), 529.021 (Purchase by Minor, Misrepresentation), 529.03 (Sale to Intoxicated Persons), 529.05 (Permit Required), 529.06 (Low-alcohol Beverages; Sale to and Purchase by Underage Persons Prohibited), or 529.08 (Hours of Sale or Consumption) of the Codified Ordinances;
(7) Any obscenity and sex offenses violation under Sections 533.03 (Unlawful sexual conduct with a Minor), 533.04 (Sexual Imposition), 533.06 (Voyeurism), 533.07 (Public Indecency), 533.08 (Procuring), 533.09 (Soliciting), 533.091 (Loitering to Engage in Solicitation), 533.10 (Prostitution), 533.11 (Disseminating or Displaying Material Harmful to Juveniles), 533.13 (Deception to Obtain Matter Harmful to Juveniles), or 533.14 (Possession of Child Pornography) of the Codified Ordinances;
(8) Any family offense or offense against persons violation under Sections 537.03 (Assault), 537.04 (Negligent Assault), 537.05 (Aggravated Menacing), 537.051 (Menacing by Stalking), 537.06 (Menacing), 537.07 (Endangering Children), 537.08 (Unlawful Restraint), 537.09 (Coercion), 537.10 (Telecommunication Harassment), 537.11 (Threatening or Harassing Telephone Calls), 537.12 (Misuse of 9-1-1 System), or 537.18 (Contributing to Unruliness or Delinquency of a Child) of the Codified Ordinances;
(9) Any property offense under Sections 541.02 (Arson), 541.03 (Criminal Damaging or Endangering), 541.04 (Criminal Mischief), 541.05 (Criminal Trespass), 541.051 (Aggravated Trespass), 541.06 (Destruction of Shrubs, Trees or Crops), 541.08 (Posting Bills without Consent of Owner), 541.09 (Ethnic Intimidation) of the Codified Ordinances;
(10) Any theft or fraud offense under Sections 545.05 (Petty Theft), 545.06 (Unauthorized Use of a Vehicle; Vehicle Trespass), 545.07 (Insurance Fraud), 545.08 (Unauthorized Use of Property); 545.09 (Passing Bad Checks), 545.10 (Misuse of Credit Cards), 545.13 (Criminal Simulation), 545.17 (Defrauding Creditors), 545.18 (Receiving Stolen Property), 545.19 (Possession of Criminal Tools), 545.20 (Forgery of Identification Cards), 545.21 (Fraudulent Use of Telephone Credit Card),
(11) Any weapons and explosives violation under Sections 549.03 (Using Weapons While Intoxicated), 549.05 (Failure to Secure Dangerous Ordnance), 549.06 (Unlawful Transactions in Weapons), 549.10 (Discharging Firearms), 549.11 (Throwing or Shooting Missiles), or 549.12 (Possession of and Criminal Use of Stun Gun) of the Codified Ordinances;
(13) Any alarm system violation under Section 559.07 (False Alarms) of the Codified Ordinances;
(b) When four or more nuisance activities as defined in division (a) occur on separate occasions on the same residential or commercial property within any three hundred sixty-five (365) day period, the Director of Public Safety may declare the premises to be a nuisance property and may abate the nuisance as provided in Section 561.02.
(Ord. 2018-19. Passed 3-20-18.)
(Ord. 2018-19. Passed 3-20-18.)