(a) Abatement. "Abatement" as used in this Chapter is the removal, reduction or control of nuisance activity.
(b) Chronic Nuisance Property. As used in this chapter, a "Chronic Nuisance Property" is:
(1) A Single Family Property at/on which person(s) associated with the property, and within fifty feet (50') of the property, have caused four (4) or more nuisance activities and/or two (2) felony drug offenses by a person associated with the property during any twelve (12) month period; or
(2) A Multi-Family (2-9 Units) Property at/on which person(s) associated with the property, and within fifty feet (50') of the property, have caused eight (8) or more nuisance activities and/or two (2) felony drug offenses during any twelve (12) month period; or
(3) A Multi-Family (10+ Units) Property on which person(s) associated with the property, and within fifty feet (50') of the property, have caused fifteen (15) or more nuisance activities and/or two (2) felony drug offenses during any twelve (12) month period; or
(4) A Commercial Property (1000 sq. ft. to 4999 sq. ft.) at/on which person(s) associated with the property, and within fifty feet (50') of the property, have caused six (6) or more nuisance activities and/or two (2) felony drug offenses during any twelve (12) month period; or
(5) A Commercial Property (5000+ sq. ft.) at/on which person(s) associated with the property, and within fifty feet (50') of the property, have caused twelve (12) or more nuisance activities and or two (2) felony drug offenses during any twelve (12) month period.
(c) Code. "Code" as used in this chapter refers to the Norwood Codified Ordinances.
(d) Felony Drug Offense. As used in this chapter, the term "Felony Drug Offense" means any violation under Ohio R.C. Chapters 2925 or 3917. This includes, but is not limited to, possession of a controlled substance, permitting drug abuse, trafficking drugs, corrupting another with drugs, illegal manufacture of drugs, and illegal assembly of chemicals.
(e) Nuisance Activities. "Nuisance Activities" as used in this chapter means any of the following activities, behaviors, or criminal conduct, on the date of the activity, regardless of when any order, finding, or criminal charge may issue:
(1) Assault, aggravated assault, or felonious assault, menacing, aggravated menacing, or menacing by stalking, endangering children or contributing to the unruliness or delinquency of a child as defined in Chapter 537 of the Code of Ordinances ("Code") or as defined in Ohio Revised Code Sections 2903.11, 2903.12 or 2903.13, 2903.21, 2903.22; or any offense of violence as defined in Ohio Revised Code Section 2901;
(2) Inducing panic; inciting violence; making a false alarm or use of a hoax weapon of mass destruction; disorderly conduct; public intoxication; disturbing the peace; failure to disperse; keeping, occupying, frequenting disorderly house; or sound systems contained in a motor vehicle as defined in Chapter 509 of the Code or in Ohio Revised Code Sections 2917.31, 2917.32, 2917.33;
(4) Commission of any drug offense under Chapter 513 of the Code or Chapter 2925 or 3719 of the Ohio Revised code;
(5) Compelling or promoting prostitution; procuring, soliciting, or loitering to engage in solicitation or prostitution as defined in Chapter 533 of the Code or Ohio Revised Code Sections 2907.21 through 2907.25;
(7) Unauthorized possession, sale, or discharge of fireworks as defined in the Ohio Revised Code Chapter 3743;
(9) Abandoned refrigerators and airtight containers; littering and deposit of garbage, rubbish, junk, etc.; noxious or offensive odors; or placement of upholstered indoor furniture on the exterior of houses as defined in Section 521 of the Code;
(11) Trees, weeds, grass, and nuisance violations as defined in Section 1759 of the Code.
(12) Any alcohol or liquor control violations of Section 529 of the Code or violations of the Ohio Revised Code Chapter 4301.
(f) Permit. As used in this chapter, the term "Permit" means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.
(g) Person. As used in this chapter, the term "Person" means any natural person, agent, association, firm, partnership, or corporation capable of owning, occupying, or using property.
(h) Person in Charge. As used in this chapter, the term "Person in Charge" means any person in actual or constructive possession of a property, including but not limited to an owner or occupant of a property under his or her dominion, ownership, or control.
(i) Person Associated With. As used in this chapter, the term "Person Associated With" means any person who, on the occasion of a nuisance activity, has entered, patronized, visited, or attempted to enter, patronize, or visit a property or person present on a property, including without limitation any officer, director, customer, agent, employee, or any independent contractor of a person in charge or owner in relation to the property. Any person that has been served with a Notice of Trespass will no longer be considered a "Person Associated With" as defined above.
(j) Property or Premises. As used in this chapter, the terms "Property" or "Premises" may be used interchangeably, and mean any public or private building, lot, parcel, dwelling, rental unit, real estate or land or portion thereof including property used as a residential property. (Ord. 45-2022. Passed 10-11-22.)