(a) The Safety/Service Director, or his or her designee may find that a property is in danger of becoming a Chronic Nuisance Property. Findings by the Safety/Service Director that there have been nuisance activities shall be based upon the filing of formal criminal charges, a Second Notice of Violation, or a referral to Public Works to abate a nuisance. Upon finding a property is in danger of becoming a Chronic Nuisance Property, the Safety/Service Director shall cause a Chronic Nuisance Warning to be served on the owner of the property advising that such property is in danger of becoming a Chronic Nuisance Property, and that additional nuisance activity(ies) or felony drug offense(s), may result in the property being deemed a Chronic Nuisance Property subject to the penalties of this chapter. Such notice shall be sent:
(1) For a Single Family Property, when there have been two (2) or more nuisance activities, or one (1) felony drug offense within a twelve (12) month period;
(2) For a Multi-Family (2-9 Units) Property, when there have been four (4) or more nuisance activities, or one (1) felony drug offense, within a twelve (12) month period;
(3) For a Multi-Family (10+ Units) Property, when there have been seven (7) or more nuisance activities, or one (1) felony drug offense, within a twelve (12) month period;
(4) For a Commercial Property (1000 sqft to 4999 sqft), when there have been three (3) or more nuisance activities, or one (1) felony drug offense, within a twelve (12) month period;
(5) For a Commercial Property (5000+ sqft), when there have been six (6) or more nuisance activities, or one (1) felony drug offense, within a twelve (12) month period.
(b) The notice under subsection (a) shall contain the following:
(1) The street address or a legal description sufficient to identify the property.
(2) A statement detailing the nature of the nuisance activities, the estimated costs to abate any future nuisances, and that the owner may avoid being charged the costs of abatement by taking steps to prevent any further nuisance activity as set forth in this section.
(4) A statement that, if sufficient additional or subsequent nuisance activities or felony drug offenses occur within twelve (12) months of the date of the first nuisance activity or first felony drug offense to meet the definition of Chronic Nuisance Property, the City of Norwood will deem the property a Chronic Nuisance Property; and that the City may abate the nuisance by responding to the nuisance activity using administrative and law enforcement actions; and that the costs of such abatement shall be assessed to the nuisance property.
(5) A statement that, provided the owner or person in charge submits a written plan to abate or prevent further nuisance activities, the City of Norwood will not deem the property a Chronic Nuisance Property for thirty days to allow the owner or person in charge to carry out such abatement plan.
(6) A statement that a finding that the property is a Chronic Nuisance Property may subject the owner to Civil Penalties under Section 567.09.
(c) Any nuisance activity initially reported to the City by the owner or person in control of a property shall be excluded from the operation of this chapter. Any nuisance activity as defined in Sections 567.02(e)(1) and (e)(2) herein in which the owner or person in control is the victim of the offense shall be excluded from the operation of this Chapter.
(d) The Warning shall be posted on the premises or at the site of the nuisance directing the responsible party to abate the nuisance. A copy of the Warning shall be sent by certified mail to the address of the owner as listed in the County Auditor's office. Personal service may be used in lieu of mailing. In the event the certified mail is uncollected or returned, a copy of the Warning shall be sent by first class mail.
(e) Return of service shall be made by affidavit of the person serving, mailing or posting such notice, and when notice is given by mail, such affidavit shall identify the property by the street address and the County Auditor's parcel number and shall show the name and address of the person to whom the notice was mailed and the date of mailing.
(Ord. 45-2022. Passed 10-11-22.)