(a) Activities, as defined in any of the following provisions of the North Olmsted Codified Ordinances, occurring on any commercial or residential property located within the City, and engaged in by an owner, occupant, tenant 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 Building Code violation under Chapters 1301 (Ohio Building Code), 1305 (One, Two and Three-Family Dwelling Code), 1309 (National Electrical Code), 1331 (Dangerous or Unsafe Buildings), 1333 (Building Removal), 1345 (Swimming Pools), 1351 (Property Numbers), 1355 (Air Conditioning and Air Handling Equipment), 1365 (Disposal of Building Materials), 1367 (Satellite Dish Receiving Stations), 1369 (Fences and Screen Walls), including but not limited to Sections 1301.06 (Violations), and 1305.05(b)(3) (Violations and Penalties) of the Codified Ordinances;
(2) Any Zoning Code violation under Chapters 1135 (One and Two Family Residence Districts), 1136 Residential Cluster (RC) Districts, 1137 Multiple Residence (Apartment) Districts, 1138 Senior Residence District, 1139 Business Districts, 1141 Office Building Districts, 1142 Residential Office Districts, 1145 Limited Industry Districts, 1149 Mixed Use Districts, specifically including but not limited to Sections 1135.01 (Use Restrictions), 1135.02(a) (Home Professional Office), 1135.02(b) (Home Occupation), 1135.02(c) (Private Garage), 1135.02 (d) (Accessory Buildings and Structures), 1135.02(e) (Animal Shelters), 1135.02(f) (Fences), 1135.02(g) (Antenna and Tower), 1135.02(h) (Recreational Vehicle), 1135.02(i) (Permanent Swimming Pools), 1135.02(j) (Portable Storage Containers), 1139.02 (b) (Permitted Buildings and Uses), 1139.08 (Supplementary Yard Regulations), 1139.12 (Regulation of Industrial Units), 1138.13 (Storage of Motor Vehicles), 1139.14 (Irrigation of Landscaped Areas), of the Codified Ordinances;
(3) Any Real Property Maintenance Code violation under Chapters 1363 including but not limited to Sections 1363.07(a) (Maintenance of Exterior Premises; Hazards and Unsanitary Conditions), 1363.07(b) (Appearance of Exterior of Premises and Structures), 1363.07(b)(1) (Residential), 1363.07(b)(2) (Nonresidential), and 1363.07(c) (Structural Soundness and General Maintenance), together with specific subsections therein, of the Codified Ordinances;
(5) Any Noise Control violation under Chapter 555, including but not limited to Sections 555.03(a) (Animals and Birds), 555.03(c) (Vehicle or Motorboat Repairs and Testing), 555.03(d) (Adequate Mufflers or Sound Dissipative Devices), 555.03(e) (Motor Vehicles), 555.03(f) (Loading and Unloading), 555.03(g) (Construction), 555.03(h) (Emergency Signaling Devices), 555.03(i) (Radios, Television Sets, Musical Instruments and Similar Devices), 555.03(j) (Loudspeakers/Public Address Systems), 555.03(k) (Domestic Power Tools) and 555.04 (Maximum Permissible Sound Levels by Receiving Land Use), or 555.06 (Immediate Threats to Health and Welfare) of the Codified Ordinances;
(14) Any Site Development Plan certification or deviation violation under Chapter 1126, including but not limited to Section 1126.11.
(b) When four or more nuisance activities as defined in division (a) occur on separate occasions on the same residential 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 1373.02.
(Ord. 2010-50. Passed 6-15-10.)