(a) Once a property has been deemed a Chronic Nuisance Property, the owner of that property shall be charged an impact fee for the actual cost of each subsequent service by the City of Norwood for a nuisance or Felony Drug Offense for that property.
(b) Once a property has been deemed a Chronic Nuisance Property, the Safety/Service Director, or his or her designee, shall also assess a civil penalty against an owner who further violates any provision of this chapter or fails to obey any order to abate a chronic nuisance. Assessments for nuisance activities shall be imposed based on the number of nuisance or felony drug activities that occur on that property after it has been deemed a Chronic Nuisance Property. The civil fee shall be issued as follows:
(1) For the first nuisance or Felony Drug Offense, a civil penalty against the owner of one hundred and fifty dollars ($150.00) shall be imposed;
(2) For the second nuisance or Felony Drug Offense, a civil penalty against the owner of two hundred and fifty dollars ($250.00) shall be imposed;
(3) For the third nuisance or Felony Drug Offense, a civil penalty against the owner of five hundred dollars ($500.00) shall be imposed;
(4) For the fourth nuisance or Felony Drug Offense, a civil penalty against the owner of seven hundred and fifty dollars ($750.00) shall be imposed;
(5) For each nuisance or Felony Drug Offense after the fourth, a civil penalty against the owner of one thousand dollars ($1,000.00) shall be imposed.
(c) If an owner or person in control submits a plan to abate or prevent further nuisance activities, no impact fees shall be imposed for nuisance activities or felony drug activities during the period reasonably required to carry out that plan, if that plan is executed.
(d) The determination that a premises is a Chronic Nuisance Property subject to remittance for the cost of enforcement pursuant to this section and subject to civil penalties or criminal prosecution pursuant to this chapter shall be effective for a two year period beginning with the date the property is declared to be a Chronic Nuisance Property. If at any point during that two-year period, another nuisance activity or Felony Drug Offense occurs at the property, the two-year period shall restart from the date of that activity. The two-year period shall restart again for any subsequent nuisance activity or Felony Drug Offense.
(e) In addition to other relief ordered, a court of competent jurisdiction may authorize the City of Norwood to physically secure the property against all access, use or occupancy in the event that the owner fails to do so within the time specified by the court. In the event that the City of Norwood is authorized to secure the property, all costs reasonably incurred by the City of Norwood to physically secure the property shall be paid to the City of Norwood by the Owner and may be included in the City's money judgment, including court costs.
(f) Notice of any impact fee or civil penalty under this Chapter shall be sent by either priority service with delivery confirmation or certified mail, return receipt requested, to the owner or person having control of the real estate at his or her last known address to pay the fee and/or penalty. If payments are not received by the City within thirty days after mailing of such notice, the City may collect the cost, including administrative and related costs, pursuant to Section 567.09(h).
(g) Any police officer, employee of the City Health Commissioner, or the City Clerk may make service and return of the notice provided for in Section 567.09(f) and shall be allowed the same fee as that provided for service and return of summons in civil cases before a magistrate.
(h) After notification of the cost to abate a nuisance, Council may make a written return to the County Auditor of their action under this Section with a statement of the impact fees and civil penalties, the fees of the officers serving such notices and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands from and after the date of the entry and be collected as other taxes and returned to the City. (Ord. 45-2022. Passed 10-11-22.)