(a) The following activities occurring on residential property, and engaged in by an owner, occupant or invitee of the owner or occupant of residential property, are hereby declared to be public nuisances:
(1) Any animal violations under Chapter 618 of the Codified Ordinances;
(2) Any disorderly conduct, disturbance of the peace or other violation of Chapter 648 of the Codified Ordinances;
(3) Any drug abuse violation under Chapter 620 of the Codified Ordinances;
(4) Any gambling violation under Chapter 624 of the Codified Ordinances;
(5) Any health, safety, or sanitation violation under Chapter 660 of the Codified Ordinances;
(7) Any alcohol violations under Chapter 612 of the Codified Ordinances;
(9) 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;
(11) 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;
(13) Any arson violation under Section 642.09 (Arson) of the Codified Ordinances;
(15) Any weapons, explosives, firearms or handgun violation under Chapter 672 of the Codified Ordinances;
(16) Any noise violation under Chapter 634 or Chapter 669 of the Codified Ordinances;
(17) Any fireworks violation under Section 1305.02 of the Codified Ordinances;
(18) Any violation of Ohio R.C. 4931.49;
(19) Any felony offense as defined by the Ohio Revised Code.
(b) The Chief of Police or his designee, upon finding that two or more nuisance activities declared in this section have occurred within any twelve month period, may cause a written notice and order to be served on the owner of the property declaring that such property is a nuisance property. The notice and order shall set forth the nature of the nuisance, the estimated costs to abate any future nuisance, and state that the owner may avoid being charged nuisance activity as set forth in this section. The notice shall further state that if a third or subsequent nuisance activity as declared in this section occurs within twelve months of the dates of the first two activities using administrative and law enforcement actions, and the costs of such abatement shall be assessed on the nuisance property. Notice shall be served as set forth in division (g) below.
(c) If within twelve months after the first of the two nuisances referred to in division (b) of this section has occurred, a third nuisance activity as declared in this section occurs, the City may abate the nuisance by responding to the activity using administrative and law enforcement actions, and the costs of such abatement shall be assessed on the nuisance property in the same manner as in division (h) below, and the costs shall be calculated as set forth in division (e) of this section. The City 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 a description of the nuisance activity that is the basis for the notice of intent to assess the property, and the cost to abate. Notice shall be served as set forth in division (g) of this section.
(d) The owner of a nuisance property who receives a notice from the Chief of Police or his designee pursuant to this section may appeal such notice by submitting a written request for reconsideration to the Chief of Police within thirty days of the date of the notice. If the Chief of Police finds that the facts presented do not support the declaration of a nuisance, the Chief shall rescind the notice. Otherwise the Chief shall deny the request and refer the appeal for hearing by the Board of Building Appeals. Any such appeal shall not stay any actions by the City to appeal, 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 or of the intent of the City to assess the property for abatement costs, whichever is applicable, is justified. The City shall be deemed to have failed to have met this standard if the owner 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 and vigorously taken all actions necessary to abate each nuisance including, without limitation, compliance with the requirements of Ohio 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 Ohio R.C. 5321.17(c) and 5321.04(a)(9).
(e) Costs of abatement shall be assessed based upon the hourly wage of the police officer, officers, or 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) 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) The notice 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 real estate involved, or by mailing it 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) If the nuisance is not abated within the required time, the Safety Director may cause its abatement and report the costs to the City Auditor who shall certify the costs together with a 10% penalty to the County Fiscal Officer for placement on the tax duplicate to be collected as other taxes for return to the City. If the property owner is ordered to abate the nuisance or to pay to the City the estimated cost of the abatement and fails to comply with such order, such failure shall be considered a first degree misdemeanor and, upon a plea of guilty or conviction thereof, shall be punished in accordance with Section 698.02 of the Codified Ordinances. Each day of violation shall be considered a separate offense.
(i) All proceeds from the assessment of a ten percent penalty and the City of Parma’s cost of abating the public nuisance as set forth in division (h) of this section shall be used to defray the expenses and costs incurred by the City associated with the abatement of the "chronic nuisance problems" with any remaining proceeds to be used for public safety purposes.
(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.)