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(a) For the purpose of this section, the following definitions shall apply.
(1) “Archival institution.” Any public or private building, structure, or shelter in which are stored historical documents, devices, records, manuscripts, or items of public interest, which historical materials are stored to preserve the materials or the information in the materials, to disseminate the information contained in the materials, or to make the materials available for public inspection or for inspection by certain persons who have a particular interest in, use for, or knowledge concerning the materials.
(2) “Audiovisual recording function “ and “facility.” Have the same meaning as in Ohio R.C. 2913.07.
(3) “Museum.” Any public or private nonprofit institution that is permanently organized for primarily educational or aesthetic purposes, owns or borrows objects or items of public interest, and cares for and exhibits to the public the objects or items.
(4) “Pretrial diversion program.” Means a rehabilitative, educational program designed to reduce recidivism and promote personal responsibility that is at least four hours in length and that has been approved by any court in this state.
(b) A merchant, or an employee or agent of a merchant, who has probable cause to believe that things offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (d) below, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.
(c) Any officer, employee, or agent of a library, museum, or archival institution may, for the purposes set forth in division (d) below or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in divisions (c)(1) and (2) below, detain a person in a reasonable manner for a reasonable length of time within, or in the immediate vicinity of, the library, museum, or archival institution, if the officer, employee, or agent has probable cause to believe that the person has:
(1) Without privilege to do so, knowingly moved, defaced, damaged, destroyed, or otherwise improperly tampered with property owned by or in the custody of the library, museum, or archival institution; or
(2) With purpose to deprive the library, museum, or archival institution of property owned by it or in its custody, knowingly obtained or exerted control over the property without the consent of the owner or person authorized to give consent, beyond the scope of the express or implied consent of the owner or person authorized to give consent, by deception, or by threat.
(d) An officer, agent, or employee of a library, museum, or archival institution pursuant to division (c) above or a merchant or an employee or agent of a merchant pursuant to division (b) above may detain another person for any of the following purposes:
(1) To recover the property that is the subject of the unlawful taking, criminal mischief, or theft;
(2) To cause an arrest to be made by a peace officer;
(3) To obtain a warrant of arrest;
(4) To offer the person, if the person is suspected of the unlawful taking, criminal mischief, or theft and notwithstanding any other provision of this Code or the Ohio Revised Code, an opportunity to complete a pretrial diversion program and to inform the person of the other legal remedies available to the library, museum, archival institution, or merchant.
(e) The owner or lessee of a facility in which a motion picture is being shown, or the owner's or lessee's employee or agent, who has probable cause to believe that a person is or has been operating an audiovisual recording function of a device in violation of Ohio R.C. 2917.07 may, for the purpose of causing an arrest to be made by a peace officer or of obtaining an arrest warrant, detain the person in a reasonable manner for a reasonable length of time within the facility or its immediate vicinity.
(f) The officer, agent, or employee of the library, museum, or archival institution, the merchant or an employee or agent of a merchant, or the owner, lessee, employee, or agent of the facility acting under divisions (b), (c) or (e) above shall not search the person detained, search or seize any property belonging to the person detained without the person's consent, or use undue restraint upon the person detained.
(g) Any peace officer may arrest without a warrant any person that the officer has probable cause to believe has committed any act described in divisions (c)(1) or (2) above, that the officer has probable cause to believe has committed an unlawful taking in a mercantile establishment, or that the officer has reasonable cause to believe has committed an act prohibited by Ohio R.C. 2913.07. An arrest under this division shall be made within a reasonable time after the commission of the act or unlawful taking.
(ORC 2935.041; Ord. 6-79. Passed 1-15-79.)
(a) Safekeeping of Property in Custody.
(1) A. Any property that has been lost, abandoned, stolen, seized pursuant to a search warrant, or otherwise lawfully seized or forfeited and that is in the custody of the Police Division shall be kept safely by the Police Division, pending the time it no longer is needed as evidence or for another lawful purpose, and shall be disposed of pursuant to this section or Ohio R.C. 2981.12 and 2981.13.
B. This section does not apply to the custody and disposal of any of the following:
1. Vehicles subject to forfeiture under Ohio R.C. Title 45, except as provided in division (b)(1)F. of this section;
2. Abandoned junk motor vehicles or other property of negligible value;
3. Property held by a department of rehabilitation and correction institution that is unclaimed, that does not have an identified owner, that the owner agrees to dispose of, or that is identified by the department as having little value;
4. Animals taken, and devices used in unlawfully taking animals, under Ohio R.C. 1531.20;
5. Controlled substances sold by a peace officer in the performance of the officer’s official duties under Ohio R.C. 3719.141;
6. Property recovered by a township law enforcement agency under Ohio R.C. 505.105 to 505.109;
7. Property held and disposed of under an ordinance of the Municipality or under Ohio R.C. 737.29 to 737.33, except that if the Municipality has received notice of a citizens’ reward program as provided in division (b)(5) of this section and disposes of property under an ordinance shall pay 25% of any moneys acquired from any sale or auction to the citizens’ reward program.
(2) A. The Police Division shall adopt and comply with a written internal control policy that does all of the following:
1. Provides for keeping detailed records as to the amount of property acquired by the Police Division and the date property was acquired;
2. Provides for keeping detailed records of the disposition of the property, which shall include, but not be limited to, both of the following:
a. The manner in which it was disposed, the date of disposition, detailed financial records concerning any property sold, and the name of any person who received the property. The record shall not identify or enable identification of the individual officer who seized any item of property.
b. An itemized list of the specific expenditures made with amounts that are gained from the sale of the property and that are retained by the agency, including the specific amount expended on each expenditure, except that the policy shall not provide for or permit the identification of any specific expenditure that is made in an ongoing investigation.
3. Complies with Ohio R.C. 2981.13 if the Police Division has a law enforcement trust fund or similar fund created under that section.
B. The records kept under the internal control policy shall be open to public inspection during the Police Division’s regular business hours. The policy adopted under this section is a public record open for inspection under Ohio R.C. 149.43.
(3) The Police Division, with custody of property to be disposed of under this section or Ohio R.C. 2981.12 or 2981.13, shall make a reasonable effort to locate persons entitled to possession of the property, to notify them of when and where it may be claimed, and to return the property to them at the earliest possible time. In the absence of evidence identifying persons entitled to possession, it is sufficient notice to advertise in a newspaper of general circulation in the county and to briefly describe the nature of the property in custody and inviting persons to view and establish their right to it.
(4) As used in this section:
A. “Citizens’ reward program” has the same meaning as in Ohio R.C. 9.92.
B. “Law enforcement agency” includes correctional institutions.
C. “Township law enforcement agency” means an organized police department of a township, a township police district, a joint police district, or the office of a township constable.
(ORC 2981.11)
(b) Disposition of Unclaimed or Forfeited Property.
(1) Unclaimed or forfeited property in the custody of the Police Division, other than property described in division (a)(1)B. of this section, shall be disposed of by order of any court of record that has territorial jurisdiction over the Municipality, as follows:
A. Drugs shall be disposed of pursuant to Ohio R.C. 3719.11 or placed in the custody of the Secretary of the Treasury of the United States for disposal or use for medical or scientific purposes under applicable federal law.
B. Firearms and dangerous ordnance suitable for police work may be given to a law enforcement agency for that purpose. Firearms suitable for sporting use or as museum pieces or collectors’ items may be sold at public auction pursuant to division (b)(2) of this section. The Police Department may sell other firearms and dangerous ordnance to a federally licensed firearms dealer in a manner that the court considers proper. The Police Department shall destroy any firearms or dangerous ordnance not given to a law enforcement agency or sold or shall send them to the Bureau of Criminal Identification and Investigation for destruction by the Bureau.
C. Obscene materials shall be destroyed.
D. Beer, intoxicating liquor, or alcohol seized from a person who does not hold a permit issued under Ohio R.C. Chapters 4301 and 4303 or otherwise forfeited to the State for an offense under Ohio R.C. 4301.45 or Ohio R.C. 4301.53 shall be sold by the Division of Liquor Control if the Division determines that it is fit for sale or shall be placed in the custody of the Investigations Unit in the Ohio Department of Public Safety and be used for training relating to law enforcement activities. The Ohio Department of Public Safety, with the assistance of the Division of Liquor Control, shall adopt rules in accordance with Ohio R.C. Chapter 119 to provide for the distribution to state or local law enforcement agencies upon their request. If any tax imposed under Ohio R.C. Title 43 has not been paid in relation to the beer, intoxicating liquor, or alcohol, any moneys acquired from the sale shall first be used to pay the tax. All other money collected under this division (b)(1)D. shall be paid into the State Treasury. Any beer, intoxicating liquor, or alcohol that the Division determines to be unfit for sale shall be destroyed.
E. Money received by an inmate of a correctional institution from an unauthorized source or in an unauthorized manner shall be returned to the sender, if known, or deposited in the inmates’ industrial and entertainment fund of the institution if the sender is not known.
F. 1. Any mobile instrumentality forfeited under Ohio R.C. Chapter 2981 may be given to the law enforcement agency that initially seized the mobile instrumentality for use in performing its duties, if the agency wants the mobile instrumentality. The agency shall take the mobile instrumentality subject to any security interest or lien on the mobile instrumentality.
2. Vehicles and vehicle parts forfeited under Ohio R.C. 4549.61 to 4549.63 may be given to a law enforcement agency for use in performing its duties. Those parts may be incorporated into any other official vehicle. Parts that do not bear vehicle identification numbers or derivatives of them may be sold or disposed of as provided by rules of the Director of Public Safety. Parts from which a vehicle identification number or derivative of it has been removed, defaced, covered, altered, or destroyed and that are not suitable for police work or incorporation into an official vehicle shall be destroyed and sold as junk or scrap.
G. Computers, computer networks, computer systems, and computer software suitable for police work may be given to a law enforcement agency for that purpose or disposed of under division (b)(2) of this section.
H. Money seized in connection with a violation of R.C. § 2905.32, 2907.21, or 2907.22 shall be deposited in the Victims of Human Trafficking Fund created by R.C. § 5101.87.
(2) Unclaimed or forfeited property that is not described in division (b)(1) of this section or division (a)(1)B. of this section, with court approval, may be used by the law enforcement agency in possession of it. If it is not used by the agency, it may be sold without appraisal at a public auction to the highest bidder for cash or disposed of in another manner that the court considers proper.
(3) Except as provided in divisions (b)(1) and (b)(5) of this section and after compliance with division (b)(4) of this section when applicable, any moneys acquired from the sale of property disposed of pursuant to this section shall be placed in the general revenue fund of the State, or the general fund of the Municipality.
(4) If the property was in the possession of the Police Department in relation to a delinquent child proceeding in a juvenile court, 10% of any moneys acquired from the sale of property disposed of under this section shall be applied to one or more community addiction services providers, as defined in R.C. § 5119.01. A juvenile court shall not specify a services provider, except as provided in this division, unless the services provider is in the same county as the court or in a contiguous county. If no services provider is located in any of those counties, the juvenile court may specify a services provider anywhere in Ohio. The remaining 90% of the proceeds or cash shall be applied as provided in division (b)(3) of this section.
(5) A. If the Board of County Commissioners recognizes a citizens’ reward program under Ohio R.C. 9.92, the Board shall notify the Police Division of the recognition by filing a copy of its resolution conferring that recognition with the Police Division. When the Board recognizes a citizens’ reward program and the County includes a part, but not all, of the territory of the Municipality, the Board shall so notify the Police Division of the recognition of the citizens' reward program only if the County contains the highest percentage of the Municipality’s population.
B. Upon being so notified, the Police Division shall pay 25% of any forfeited proceeds or cash derived from each sale of property disposed of pursuant to this section to the citizens’ reward program for use exclusively to pay rewards. No part of the funds may be used to pay expenses associated with the program. If a citizens’ reward program that operates in more than one County or in another State in addition to this State receives funds under this section, the funds shall be used to pay rewards only for tips and information to law enforcement agencies concerning offenses committed in the County from which the funds were received.
(6) Any property forfeited under Ohio R.C. Chapter 2981 not be used to pay any fine imposed upon a person who is convicted of or pleads guilty to an underlying criminal offense or a different offense arising out of the same facts and circumstances.
(7) Any moneys acquired from the sale of personal effects, tools, or other property seized because the personal effects, tools, or other property were used in the commission of a violation of R.C. § 2905.32, 2907.21, or 2907.22 or derived from the proceeds of the commission of a violation of R.C. § 2905.32, 2907.21, or 2907.22 and disposed of pursuant to this division (b) shall be placed in the Victims of Human Trafficking Fund created by R.C. § 5101.87.
(ORC 2981.12)
(c) Disposition of Contraband, Proceeds, or Instrumentalities. Except as otherwise provided in Ohio R.C. 2981.13, property ordered forfeited as contraband, proceeds, or an instrumentality pursuant to Ohio R.C. Chapter 2981 shall be disposed of, used, or sold pursuant to division (b) of this section or Ohio R.C. 2981.12. If the property is to be sold under division (b) of this section or Ohio R.C. 2981.12, the prosecutor shall cause notice of the proposed sale to be given in accordance with law.
(ORC 2981.13(A))
Statutory reference:
Forfeiture of property generally, see R.C. Chapter 2981
Forfeiture of property generally, see R.C. Chapter 2981
(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Federal law enforcement officer.” An employee of the United States who serves in a position the duties of which are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses under the criminal laws of the United States.
(2) “Impersonate.” To act the part of, assume the identity of, wear the uniform or any part of the uniform of, or display the identification of a particular person or of a member of a class of persons with purpose to make another person believe that the actor is that particular person or is a member of that class of persons.
(3) “Investigator of the Bureau of Criminal Identification and Investigation.” Has the same meaning as in Ohio R.C. 2903.11.
(4) “Peace officer.” A sheriff, deputy sheriff, marshal, deputy marshal, member of the organized police department of a municipal corporation, or township constable, who is employed by a political subdivision of this State; a member of a police force employed by a metropolitan housing authority under Ohio R.C. 3735.31(D); a member of a police force employed by a regional transit authority under Ohio R.C. 306.35(Y); a State university law enforcement officer appointed under Ohio R.C. 3345.04; a veterans' home police officer appointed under Ohio R.C. 5907.02; a special police officer employed by a port authority under Ohio R.C. 4582.04 or 4582.28; an officer, agent or employee of the State or any of its agencies, instrumentalities or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within limits of that statutory duty and authority; or a State highway patrol trooper and whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws, ordinances, or rules of the State or any of its political subdivisions.
(5) “Private police officer.” Any security guard, special police officer, private detective, or other person who is privately employed in a police capacity.
(b) No person shall impersonate a peace officer, private police officer, investigator of the Bureau of Criminal Identification and Investigation, or Federal law enforcement officer.
(c) No person, by impersonating a peace officer, private police officer, investigator of the Bureau of Criminal Identification and Investigation, or Federal law enforcement officer, shall arrest or detain any person, search any person, or search the property of any person.
(d) No person, with purpose to commit or facilitate the commission of an offense, shall impersonate a peace officer, private police officer, Federal law enforcement officer, an officer, agent or employee of the Municipality or the State, or investigator of the Bureau of Criminal Identification and Investigation.
(Adopting Ordinance)
(e) No person shall commit a felony while impersonating a peace officer, private police officer, Federal law enforcement officer, an officer, agent or employee of the Municipality or of the State, or investigator of the Bureau of Criminal Identification and Investigation.
(f) It is an affirmative defense to a charge under division (b) of this section that the impersonation of the peace officer, private police officer, Federal law enforcement officer, an officer, agent or employee of the Municipality or of the State, or investigator of the Bureau of Criminal Identification and Investigation was for a lawful purpose.
(g) Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates division (c) or (d) of this section is guilty of a misdemeanor of the first degree. If the purpose of a violation of division (d) of this section is to commit or facilitate the commission of a felony, a violation of division (d) is a felony to be prosecuted under appropriate State law. Whoever violates division (e) of this section is guilty of a felony to be prosecuted under appropriate State law.
(ORC 2921.51; Ord. 109-92. Passed 7-20-92.)
(a) No person who is not entitled to do so shall knowingly display on a motor vehicle the emblem of a law enforcement agency or an organization of law enforcement officers.
(b) Whoever violates this section is guilty of the unlawful display of the emblem of a law enforcement agency or an organization of law enforcement officers, a minor misdemeanor, and shall be subject to the penalty provided in Section 698.02.
(a) No person shall:
(1) Disobey or resist a lawful writ, process, order, rule, judgment or command of a court or an officer;
(2) As an officer of a court, misbehave in the performance of his official duties or in his official transactions;
(3) Fail to obey a subpoena duly served, or refuse to be sworn or to answer as a witness, when lawfully required;
(4) Rescue or attempt to rescue a person or property in the custody of an officer which custody is by virtue of an order or process of a court; or
(5) When recognized to appear as a witness in a court, fail to appear in compliance with the terms of his recognizance.
(b) No person who has been summoned as provided in Ohio R.C. 2935.10(B) shall, if personal service of the summons was had upon him, fail to appear without just cause.
(c) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree and shall be subject to the penalty provided in Section 698.02.
(Ord. 236-77. Passed 2-6-78; Ord. 149-78. Passed 6-5-78.)
(a) For the purpose of this section, the following definitions shall apply:
(1) “Lawfully issued.” Adopted, issued, or rendered in accordance with the United States Constitution, the constitution of a state, and the applicable statutes, rules, regulations and ordinances of the United States, a state, and the political subdivisions of a state.
(2) “Political subdivisions.” Municipal corporations, townships, counties, school districts, and all other bodies corporate and politic that are organized under state law and are responsible for governmental activities only in geographical areas smaller than that of a state.
(3) “Sham legal process.” An instrument that meets all of the following conditions:
A. It is not lawfully issued.
B. It purports to do any of the following:
1. To be a summons, subpoena, judgment, or order of a court, a law enforcement officer, or a legislative, executive or administrative body.
2. To assert jurisdiction over or determine the legal or equitable status, rights, duties, powers, or privileges of any person or property.
3. To require or authorize the search, seizure, indictment, arrest, trial, or sentencing of any person or property.
C. It is designed to make another person believe that it is lawfully issued.
(4) “State.” A state of the United States, including without limitation the state legislature, the highest court of the state that has statewide jurisdiction, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state. “State” does not include the political subdivisions of the state.
(b) No person shall, knowing the sham legal process to be a sham legal process, do any of the following:
(1) Knowingly issue, display, deliver, distribute, or otherwise use sham legal process.
(2) Knowingly use sham legal process to arrest, detain, search or seize any person or the property of another person.
(3) Knowingly commit or facilitate the commission of an offense using sham legal process.
(4) Knowingly commit a felony by using sham legal process.
(c) It is an affirmative defense to a charge under division (b)(1) or (2) of this section that the use of sham legal process was for a lawful purpose.
(d) Whoever violates this section is guilty of using sham legal process. A violation of division (b)(1) of this section is a misdemeanor of the fourth degree. A violation of division (b)(2) or (b)(3) of this section is a misdemeanor of the first degree, except that if the purpose of a violation of division (b)(3) of this section is to commit or facilitate the commission of a felony, a violation of division (b)(3) of this section is a felony to be prosecuted under appropriate State law. A violation of division (b)(4) of this section is a felony to be prosecuted under appropriate State law.
(ORC 2921.52(A) - (D); Ord. 176-98. Passed 6-15-98.)
(a) No person shall introduce any contraband into the City of Parma Jail or convey the same to any person incarcerated therein by any means.
(b) For purposes of this section, “contraband” shall be defined as provided in Section 606.01.
(c) Whoever violates this section is guilty of introducing contraband into the City Jail, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02.
(Ord. 177-99. Passed 7-6-99.)
(a) Definitions. For the purpose of this chapter the words and phrases defined in this division shall have the meanings therein respectively ascribed to them, unless a different meaning is clearly indicated by the context.
(1) "Nuisance property" means a premises or dwelling unit thereof that is in violation of division (b) of this section.
(2) "Nuisance" means any of the following activities, conduct or behavior occurring on premises or any dwelling unit thereof and engaged in by an owner, operator, occupant or invitee of the owner or occupant thereof;
A. Any animal violations under Chapter 618 of the Codified Ordinances;
B. Any disorderly conduct, disturbance of the peace or other violation of Chapter 648 of the Codified Ordinances;
C. Any drug abuse violation under Chapter 620 of the Codified Ordinances;
D. Any gambling violation under Chapter 624 of the Codified Ordinances;
E. Any health, safety, or sanitation violation under Chapter 660 of the Codified Ordinances;
G. Any alcohol violations under Chapter 612 of the Codified Ordinances;
I. Any offense against another person under Sections 636.02 (Assault), 636.03 (Negligent Assault), 636.04 (Aggravated Menacing), 636.05 (Menacing), 630.01 (Endangering Children), 630.03 (Contributing to the Unruliness or Delinquency of a Child), 630.05 (Sales of Cigarettes, Cigars, Tobacco to Minors), or 630.055 (Transfer of Harmful Intoxicants to Minors), of the Codified Ordinances;
K. Any littering or deposition of waste under Section 660.26 (Deposit of Refuse, Garbage on Public or Private Property; Placement of Signs on Public or Private Property), of the Codified Ordinances;
M. Any arson violation under Section 642.09 (Arson) of the Codified Ordinances;
O. Any weapons, explosives, firearms or handgun violation under Chapter 672 of the Codified Ordinances;
P. Any noise violation under Chapter 634 or Chapter 669 of the Codified Ordinances;
Q. Any fireworks violation under Section 1305.02 of the Codified Ordinances;
R. Any felony offense as defined by the Ohio Revised Code.
(3) "Occupant" means the person residing in or having use of a premises or any dwelling unit thereof. The same person or persons can be owner and occupant.
(4) "Operator" means any person, firm, partnership, company, corporation or association, including their employees, agents, or contractors, that controls, operates, or manages a premises or any dwelling unit thereof.
(5) "Owner" means any person, partnership, firm, company, association, trust or corporation, who alone or jointly with others, is in possession of or has any control of any premises or any dwelling unit thereof, or is listed as the owner of a premises or any dwelling unit thereof on the records of the Cuyahoga County Fiscal Office.
(6) "Invitee" means any person who, whenever engaged in a nuisance activity, enters, patronizes, visits a premises or any dwelling unit thereof; or attempts to or waits to enter, patronize, or visit a premises or any dwelling unit thereof or person present on a premises or any dwelling unit thereof, including any officer, director, customer, agent, employee, or independent contractor of a premises owner.
(7) "Premises" or "property" means a platted lot or part thereof, or unplatted lot or parcel of land, or plot of land either occupied or unoccupied by any building or structure, equipment, or personal property of any kind.
(8) "Dwelling unit" means an individual residential dwelling in which the occupant(s) have a right to exclusive possession, including but not limited to a single-family home, an apartment, or an individual dwelling within a multi-family home or residential complex.
(b) Declaration of Nuisance Property; Notice. The Chief of Police or his or her designee shall notify in writing an owner of premises or any unit thereof that such property is declared a nuisance property when any of the following circumstances have occurred at the property;
(1) At non-residential properties, three or more nuisance activities committed on separate days during a thirty-day period; or
(2) At single-family homes or other dwelling units, two nuisance activities committed on separate days within a one-year period.
The notice shall provide the following information: the street address or legal description sufficient to identify the premises; a factual description or the nuisance activities that have occurred at the premises, including the dates of the nuisance activities; and the general costs to abate any future nuisance activities occurring at the premises as provided in division (e) of this section. The notice shall further state that if a subsequent nuisance activity, which requires abatement occurs within one year (for residential properties) or within thirty days (for non-residential properties) of the dates of the notice given under this division, that the costs of such abatement shall be assessed on the nuisance property. Notice shall be served as set forth in division (g) below.
(c) Abatement of Nuisance. Whenever the Safety Director or his or her designee determines that an additional nuisance activity has occurred at a premises or dwelling unit thereof for which notice has been issued pursuant to division (b) more than seven days after such notice has been issued, the Safety Director or his or her designee may abate the nuisance by responding to the activity using administrative and law enforcement actions. and the costs of such abatement shall be calculated as set forth in division (e) of this section. The Safety Director or his or her designee shall provide notice to the owner of the nuisance property of the City's intent to assess the costs of abatement against the owner's property at least thirty days before such costs are certified to the county for assessment against the property, and such notice shall contain the street address or legal description sufficient for identification of the premises, a description of the nuisance activity that is the basis for the notice of intent to assess the property, the date of the nuisance activity, the cost to abate, and a statement that the premises owner may appeal the determination that the owner's premises is a nuisance property or may appeal the amount of the bill as provided in division (d) of this section. Notice shall be served as set forth in division (g) of this section.
(d) Appeals. A person who receives a notice pursuant to this section may appeal such notice by submitting a written request for reconsideration to the Safety Director within thirty days of the date of the notice. If the Safety Director finds that the facts presented do not support the declaration of a nuisance or the amount of the costs of abatement, the Safety Director shall rescind the notice or amend the notice findings consistent with the evidence. Otherwise the Safety Director shall deny the request. The Safety Director shall issue a written decision on any appeal brought pursuant to this division.
Any appeal made under this division shall not stay any actions by the City. The City must show by a preponderance of the evidence that each violation stated in the notice being appealed has occurred, and that the declaration of the property as a nuisance property, the intent of the City to assess the property for abatement costs, or the amount of the costs of abatement, whichever is applicable, is justified. The City shall be deemed to have failed to have met this standard if the appellant demonstrates by a preponderance of 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 has promptly taken all actions necessary to abate each nuisance including, without limitation, compliance with the requirements of R.C. § 5321.17(C) and 5321.04(A)(9); 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 R.C. § 5321.17 (C) and 5321.04(A)(9).
(4) The abatement costs do not conform to the calculation standards set forth in division (e) of this section.
(e) Costs of Abatement. Costs of abatement shall be calculated based upon the hourly wage of the police officer(s) or other City employee(s) involved in the abatement of the nuisance activity, plus 75% multiplied by the number of hours required to abate the nuisance.
(f) Reservation of Rights. Notwithstanding any provision of this section, the declaration of a nuisance property, an order to abate a nuisance, or the assessment of costs by the City on a property, do not affect or limit the City's right or authority to bring criminal prosecution or other legal action against any person for violation of the City's ordinances.
(g) Service of Notice. Any notice issued under this section may be served by delivering it personally to the owner or leaving it at the owner's usual place of business or residence, or by posting it in a conspicuous place on the premises involved, or by mailing it first class to the owner, or by publishing it once in a newspaper of general circulation within the City if it cannot be served in any of the other ways above mentioned.
(h) Severability. The provisions of any part of this section are severable. If any provision or division hereof or the application thereof to any person or circumstances is held invalid, the other provisions, divisions, and applications of such ordinance to other persons or circumstances shall not be affected thereby. It is declared to be the intent of this section that the same would have been adopted had such invalid provisions, if any, not been included herein.
(Ord. 220-04. Passed 6-20-05; Ord. 178-12. Passed 9-17-12; Ord. 160-16. Passed 8-1-16; Ord. 61-17. Passed 5-1-17; Ord. 199-19. Passed 10-7-19; Ord. 106-24. Passed 11-6-24.)
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