The following activities occurring on residential or commercial property within the City of Parma Heights, and engaged in by an owner, occupant or invitee of the owner, occupant or person in charge of commercial (including retail, restaurant and liquor establishments) or residential property (including individual apartment and condominium units), are declared to be public nuisances:
(a) Any animal violations under Chapter 618 to include: dogs running at large, animal odors, biting, and noise, dangerous dogs, vicious dogs, killing or injuring animals, cruelty to animals of the Codified Ordinances (or similar state offense).
(b) Any disorderly conduct, disturbance of the peace or other violation of Chapter 648 (or similar state offense).
(c) Any drug abuse violation under Chapter 620 (or similar state offense).
(d) Any gambling violation under Chapter 624 (or similar state offense).
(e) Any health, safety, or sanitation violation under Chapter 660 (or similar state offense).
(f) Any obstruction of official business violation under Chapter 606 (or similar state offense).
(g) Any alcohol violations under Chapter 612 (or similar state offense).
(h) Any sex offenses under Chapter 666 to include: public indecency, procuring, soliciting, or prostitution of the Codified Ordinances (or similar state offense).
(i) Any offense against another person under Chapter 636 to include assault, negligent assault, aggravated menacing, menacing, and Chapter 630 to include: endangering children, contributing to the unruliness and delinquency and Section 606.37, Misuse of 9-1-1 (or similar state offense). This does NOT include domestic violence or incidents under similar ordinance, as its intention is not to penalize the victim of such acts.
(j) Any offense against property under Chapter 642 to include: criminal damaging or endangering or criminal mischief of the Codified Ordinances ( or similar state offense).
(k) Any littering or deposition of waste under Chapter 660.
(l) Any theft violation under Chapter 642 petty theft, unauthorized use of property, receiving stolen property or Section 672.16, Criminal tools (or similar state offense).
(m) Any weapons, explosives, firearm or handgun violation under Chapters 672 (or similar state offense).
(n) Any noise violation under Chapter 648 (or similar state offense).
(o) Any fireworks violation under Chapter 672 (or similar state offense).
(Ord. 2021-20. Passed 6-28-21.)
(a) The Chief of Police or his designee, upon finding that one or more nuisance activities, as defined in Section 680.01, have occurred within any 12 month period at or within 300 feet of a dwelling containing a rental unit, as defined in the Housing Code, or within the defined confines of any business establishment within the City limits may serve a written warning letter to the residential property owner, business property owner and/or lessee, and/or business operator of the property/business declaring that such property/business may be declared a nuisance property if a second or additional nuisance activities occur at or within 300 feet of the property within any 12 months of the most recent period.
(b) The Chief of Police or his designee, upon finding that two or more nuisance activities declared in this chapter have occurred within any 12-month period at or within 300 feet of any residential property/business, may cause a written notice and order to be served on the owner of the property owner/operator of the business declaring that such property/business is a nuisance property. The notice and order shall set forth the nature of the nuisances, the estimated costs to abate any future nuisance, and state 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.
(c) The notice or warning letters shall be served by delivering it personally, leaving it at the person's usual place of business or residence, by posting it in a conspicuous place on the property involved or by mailing it to the person by regular U.S. mail.
(Ord. 2021-20. Passed 6-28-21.)
(a) If, following a notice that a property has been declared a nuisance, an additional nuisance occurs that requires abatement by the City, the person or persons will be assessed the costs of abatement. If more than one person received a notice declaring a property a nuisance, the costs of abatement will be divided equally. Notice shall be sent to the person(s) detailing the latest nuisance activity and the cost of abatement. The notice shall also state that the costs must be paid to the City within 30 days. This notice shall be served in the same manner as set forth in Section 680.02(c).
(b) The costs of abatement will be calculated based on the hourly wage of each participating employee of the Police Department multiplied by the number of hours required to abate the nuisance. The minimum charge shall be two hours for each participating employee of the Police Depmtment.
(c) If the party noticed fails to pay the costs of abatement within the 30 days the City may assess the costs of abatement against the owner's property. Should the City elect this option, 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 30 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. Any election of the City under this subsection does not affect or limit the City's right or authority to bring criminal prosecution under Section 680.05.
(Ord. 2021-20. Passed 6-28-21.)
(a) A person who receives the warning or notice letter referred to in Section 680.02 or Section 680.03(a) may appeal such warning, notice or order by submitting a written request for reconsideration to the Chief of Police within ten days of receiving the letter. Such written request shall include the reasons the person feels that warning, notice or order is not justified or that the person should not be named in the notice and any mitigating circumstances.
(b) If the Chief of Police finds that the facts do not support the notice or warning he shall rescind the notice. Otherwise, the Chief shall advise the person in writing that the request for reconsideration has been denied and that the person may appeal to the Board of Zoning Appeals. The person may appeal the denial of the request for reconsideration by submitting a letter to the Board of Zoning Appeals setting forth the reasons for appeal. The Board of Zoning Appeals after reviewing the facts, shall render a decision as to whether the warning or notice shall stand and notify the parties in writing.
(c) During the appeal process, the City has the right to abate further nuisances and to assess the costs providing the City ultimately prevails in the appeal process.
(d) If a person appeals the Chiefs decision, the 30-day period in which a person must pay the costs of abatement is stayed until a final decision is rendered.
(Ord. 2021-20. Passed 6-28-21.)
(a) No person shall fail to pay the costs assessed by Section 680.03 within the prescribed period of time described therein subject to Section 680.04(b) if a proper appeal is filed. Each 30-day period a person fails to pay abatement costs is a separate violation. A person found guilty under this section is not relieved of the duty to pay the abatement costs.
(b) Whoever violates this section is guilty of failure to pay abatement costs, a misdemeanor of the first degree.
(Ord. 2021-20. Passed 6-28-21.)
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