(a) Purposes. It is the intent of the City Commission by the adoption of this section to impose on and collect from the owner of a property the City cost for police and law enforcement services, which are over and above the cost of providing normal law enforcement services and police protection City-wide, if the said excess costs are spent to abate a nuisance, which has occurred, or is maintained and permitted, on the property. The collection of the costs for such excess police services shall be by assessment against the property on which the nuisance, or activity constituting the nuisance, occurs, pursuant to the authority in the Ohio Constitution, Article XVIII Sections 3 and 7, the City's Charter, Sections 3 and 75, and the Ohio R.C. 715.44, 715.47, 3707.01 et seq., empowering the City Commission to abate nuisances and collect the costs of such abatement by special assessment.
(b) Definitions.
"BUILDING" means a structure suitable for human shelter, a commercial structure that is maintained for business activities that involve human occupation, any portion of the structure, or the real property on which the structure is located.
"EXCESSIVE POLICE AND NUISANCE ENFORCEMENT SERVICES" means those services provided at a specific property address where a commercial building or structure is maintained for business activities that involve human occupation after four or more calls for service for separate nuisance events had occurred in a prior thirty-day time period, and a specific property address where a building or structure is maintained for human shelter after two or more calls for service for separate nuisance events had occurred in a prior thirty-day time period, and the owner was notified in writing that subsequent high levels of police and nuisance calls for service would result in a fee being charged for excessive consumption of those services, and where the owner has been provided with thirty days following the notice to abate the nuisance generating the high levels of calls for service.
"INTERESTED PARTY" means any known lessee or tenant of real property or of a building thereof; any known agent of an owner, lessee, or tenant; any known person holding an unrecorded contract for deed, being a mortgage or vendee in physical possession of the real property of a building thereon; or any other person who maintains or permits a nuisance and is known to the City.
"LAST KNOWN ADDRESS" means the address shown on the records of the Erie County Auditor or a more recent address known to the Police Department. In the case of parties not listed in these records, the last known address shall be that address obtained by the Police Department after a reasonable search. If no address can be found, such address shall be that of the building in which the nuisance occurred, or was maintained or permitted.
"NUISANCE". The following activities occurring in buildings and on properties in the City of Sandusky are declared to be a public nuisance:
(6) Failure to confine, restraint, or register a dangerous or vicious dog in violation of Chapter 505;
"OWNER" means the person or persons in whose name or names the property is recorded with the Erie County Auditor for taxation purposes.
"SERVICE OF NOTICE". Service of the notice may be by certified mail to the owner's mailing address currently listed by the Erie County Auditor's tax lists; by ordinary mail if the certified mail is refused or unclaimed; by personal service if delivered in person to the property owner or if the property owner cannot be located, the notice shall be deemed to be properly delivered if a copy of it is left at the property owner's usual place of abode in the presence of some competent person of suitable age and discretion. Service of the notice to an interested party may be made by the same methods.
(c) Notice of Nuisance.
(1) If the Chief of Police or his or her designee has reason to believe that a nuisance has occurred, or is maintained or permitted in a building, or on a property, and intends to seek reimbursement for police services rendered in the future in connection with such nuisance or activities creating a nuisance, he or she shall provide written service of notice as defined in subsection (b) hereof to the owner and each interested party known to him or her.
(2) The written notice shall:
A. State that a nuisance as defined in this chapter has occurred, or is maintained or permitted in the building, and specify the kind or kinds of nuisance which has occurred, or is being maintained or permitted;
B. Summarize the evidence that a nuisance has occurred, or is maintained or permitted in the building, including the date or dates on which nuisance-related activities have occurred or were maintained or permitted, provided, however, that one or more police reports can be used to satisfy this requirement; and
C. Inform the recipient of the notice that:
1. He or she has thirty days to abate the conduct constituting the nuisance, and to take steps to make sure that actions constituting a nuisance will not re-occur,
2. If, after thirty days from the date of service of the notice, the nuisance re-occurs, or actions or conduct constituting a nuisance take place, the City may in its discretion impose the costs of police services in abating or attempting to abate such nuisance or nuisance-related activities; and
3. The costs will be collected by assessment against the property as defined through the Erie County Auditor to be assessed as a lien on the real property in accordance with law.
(d) Subsequent Nuisance or Nuisance-Related Activity; Liability.
(1) If, within the period commencing thirty-one days after a written notice is served pursuant to this section and continuing for one year thereafter, a nuisance occurs or is maintained or permitted on the property, and police services are rendered to abate or attempt to abate such nuisance, the costs of providing such police services within the said one-year shall be assessed against the property and collected as provided in this section.
(2) The costs for providing excess police services shall include but not be limited to the gross salaries including all fringes and benefits which are paid by the City of police officers while responding to or dealing with the nuisance or nuisance-related activities, the prorata cost of all equipment including vehicles, the prorata cost of any additional administrative services rendered in assisting the officers, the cost of repairs to any City equipment and property damaged in responding to such nuisance or nuisance-related activities, and the cost of any medical treatment of injured police officers.
(3) Prior to the actual certification of any law enforcement and administrative costs pursuant to this section, the Chief of Police or his/her designee shall give at least thirty days advance written notice of intent to certify such costs to the owner of the real property against which the costs are to be certified. Written notice shall be provided as defined in subsection (b) hereof. Any aggrieved owner may appeal such intended certification to the City Manager, who may affirm, reverse or modify the proposed certification. All appeals to the City Manager must be filed within fourteen days of the mailing of the notice of intended certification.
(4) Law enforcement and related administrative costs shall not be charged against an owner who establishes both of the following:
A. He had no knowledge of the nuisance activities on the premises and could not, with reasonable care and diligence, have known of the nuisance activities occurring on the premises; and
B. Upon receipt of notice of the occurrence of nuisance activities on the premises, the owner 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).
(5) The City reserves its rights to seek reimbursement for costs and damages not recovered by assessment against the property through other legal remedies or procedures.
(6) Nothing in this section shall be construed to require or prevent the arrest and/or citation of any person or persons for violations of federal, state, or local laws or ordinances.
(Ord. 15-144. Passed 10-26-15; Ord. 19-208. Passed 12-9-19.)