(a) Notice of Declaration of Nuisance. The Director of Public Safety, upon finding that four (4) or more nuisance activities as defined in Section 561.01 have occurred on separate occasions within any three hundred sixty-five (365) day period on the same residential or commercial property may cause a written notice and order to be served on the owner of the property declaring that the property is a nuisance property. This notice and order shall identify the nuisance activities, and the estimated costs to abate any future nuisance activity; shall state that the owner may avoid being charged the costs of abatement by taking steps to prevent any further nuisance activity as set forth in division (d) of this Section; and shall state the appeal process. The notice shall further state that if a fifth or subsequent nuisance activity as defined in Section 561.01 occurs later than thirteen (13) days after the date of the written nuisance declaration notice and within twelve (12) months of the date of the fourth or any subsequent nuisance activity, the City may abate the nuisance by responding to the activities using administrative and law enforcement actions, and the costs of the abatement shall be charged to the owner of the nuisance property and may be certified as a lien on the nuisance property. Notice shall be deemed properly delivered by delivering it personally to the owner or leaving it at the owner's usual place of business or residence, or by mailing it to the owner, or, if it cannot be served in any of the other ways mentioned above, by publishing it once in a newspaper of general circulation within the City, or by posting it in a conspicuous place on the real estate involved.
(b) Abatement. If the Director of Public Safety determines that a fifth or subsequent nuisance activity as defined in Section 561.01 occurs later than thirteen (13) days after the date of the initial written nuisance declaration notice and within twelve (12) months after the date of the fourth or any subsequent nuisance activity, the City may abate the nuisance activity by using administrative and law enforcement actions, and the costs of the abatement shall be charged to the owner of the property and, if not paid, may be certified by the Director of Finance to the County Auditor to be placed on the nuisance property as a lien to be collected as other taxes and returned to the City. The cost to abate the nuisance activity shall be calculated as set forth in division (c). The City shall provide notice to the owner of the nuisance property of the City's decision to charge the cost of abatement. If the costs are not paid by the owner, the City shall notify the owner at least thirty (30) days before the costs are certified to the County Auditor. The notice shall contain a street address or legal description of the property, a description of the nuisance activities and the cost to abate. Notices shall be served as set forth in division (a) of this section. The Director of Law may take any other action necessary to collect the costs of abatement.
(c) Costs of Abatement. Costs of abatement shall be determined based on the time required to respond to the nuisance activity multiplied by an hourly rate based upon the wages and benefits of a police officer, animal warden, building department inspector or other enforcement officer, dispatch costs, vehicle and equipment costs, and supervisory and administrative costs. The hourly rate may be adjusted based on the number of police officers and/or other City employees required to abate the nuisance.
(d) Nuisance Abatement Plan. The owner of a nuisance property may avoid being charged the cost of abating future nuisances if the owner meets with the Director of Public Safety; presents a plan to prevent further nuisance activity and that plan is approved by the Director of Public Safety; and implements the plan.
(e) Appeal. The owner of a nuisance property who receives a notice declaring the owner's property to be a nuisance property, a notice charging the cost of abating nuisance activity, or a notice that the cost of abatement shall be certified to the County Auditor, may appeal the notice by submitting a written request to reconsider to the Director of Public Safety within ten (10) days of the date of the notice. If, after a decision on that request, the owner disagrees with the decision, the owner may appeal the decision of the Director of Public Safety to the Board of Building and Zoning Board of Appeals. An appeal to the Board of Building and Zoning Board of Appeals shall be made within fifteen (15) days of the postmark date of the decision from the Director of Public Safety denying the request for reconsideration. The Board shall conduct a hearing and render a decision in accordance with City ordinances and rules governing its conduct and procedure. An appeal to the Board of Building and Zoning Board of Appeals shall not stay any actions by the City to abate any subsequent nuisance activity. In an appeal to the Board of Building and Zoning Appeals of a nuisance declaration notice, the City must show by a preponderance of the evidence that there was probable cause to believe that each nuisance activity stated in the notice being appealed has occurred, and that the declaration of the property as a nuisance property is justified. In an appeal to the Board of Building and Zoning Board of Appeals of a notice charging the cost of abating nuisance activity, or a notice that the cost of abatement shall be certified to the County Auditor, the City must show by a preponderance of the evidence that the charging of abatement costs or the certification of abatement costs is justified. The owner may prevail on appeal of any notice 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; or
(2) He or she had knowledge of the nuisance activity, but promptly and vigorously took all actions necessary to abate the nuisance activity including, without limitation, compliance with the requirements of division (C) of Section 5321.17 and division (A)(9) of Section 5321.04 of the Revised Code; 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 division (C) of Section 5321.17 and division (A)(9) of Section 5321.04 of the Revised Code.
(Ord. 2016-56. Passed 6-21-16.)
(Ord. 2016-56. Passed 6-21-16.)