(a) Definitions.
(1) "Chronic nuisance" shall mean any premises or property that is in violation of Sharonville Codified Ordinances Section 521.17(c).
(2) "Owner" shall mean any person, partnership, firm, company, association, trust or corporation, who alone or jointly with others, shall be in possession of or have any control of any premises, or is listed as the owner of any premises on the records of the Butler County or Hamilton County Auditor.
(3) "Operator" shall mean any person, partnership, firm, company, association, trust or corporation, including their employees, agents, or contractors, which controls, operates, or manages any premises.
(4) "Occupant" shall mean the person residing in or having use of any premises. The same person or persons can be owner and occupant.
A. “Tenant" shall mean the same as defined as Section Ohio R.C. 5321.01 (A).
(5) "Person associated with" shall mean any person who, whenever engaged in a nuisance or nuisance activity, enters, patronizes, visits; attempts to enter, patronize or visit; or waits to enter, patronize, or visit, any premises or person present on any premises, including any officer, director, customer, agent, employee, or independent contractor of a premises' owner.
(6) "Property" or "premises" shall mean 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 property of any kind. Property or premises can be used interchangeably in this section.
(7) "Unit" shall mean an individual residential dwelling in which the occupant(s) has (have) a right to exclusive possession, including but not limited to an individual apartment within an apartment complex, an individual hotel room within a hotel, or an individual dwelling within a multi-family home.
(8) "Nuisance" or "Nuisance Activity" shall mean any activity, conduct, or behavior listed below whenever engaged in by property or premises' owners, operators, occupants, or persons associated with a property or premises. A "Nuisance" or "Nuisance Activity" will be defined by the issuance of a citation, an arrest being made, a conviction being obtained, or documentation has been created sufficient to show a violation occurred in lieu of arrest or citation. If the owner or operator of the property or premises initiated the response that led to a violation being discovered, then that violation will be excluded from counting under this section. A "Nuisance" or "Nuisance Activity" shall include any of the following:
A. Any violation of an offense of violence as defined in the Ohio Revised Code Section 2901.01 or the Codified Ordinances of Sharonville, Ohio Section 501.01. Violations under this section where the owner, operator, occupant, or person associated with the property or premises is the victim of Domestic Violence as defined by Ohio Revised Code section 2919.25 or a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to Domestic Violence, a violation of Section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 of the Ohio Revised Code if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense shall not be considered as a Nuisance or Nuisance activity.
B. Any violation of a Drug Abuse Offense as defined in Ohio Revised Code Section 2925.01, Ohio Revised Code section 3719, or of the Codified Ordinances of Sharonville, Ohio Section 513.01. Violations of these offenses shall not be considered if a person at the property or premises acted in good faith to report a drug overdose.
C. A violation of Disorderly Conduct as defined in Ohio Revised Code Section 2917.11 or of the Codified Ordinances of Sharonville, Ohio Section 509.03.
D. Any violation of a criminal or administrative offense involving Intoxicating Liquor or Liquor, Alcohol, Beer, Wine, Mixed Beverages, or Spirituous Liquor as defined in Ohio Revised Code 4301.01 or of the Sharonville Codified Ordinances Chapter 529.
E. Any violation of compelling or promoting prostitution, procuring, soliciting, or loitering to engage in solicitation, or prostitution as defined in Ohio Revised Code Sections 2907.21 , 2907.22, 2907.23, or 2907.25, inclusive; or of the Sharonville Codified Ordinances Chapter 533.
F. Any violation of a Gambling Offense as defined in Ohio Revised Code Section 2915 or of the Sharonville Codified Ordinances Chapter 517.
G. Any violations of an Offense Against Justice and Public Administration as defined in Ohio Revised Code Sections 2921.02, 2921.03, 2921.04, 2921.05, 2921.12, 2921.31, 2921.32, 2921.321 , 2921.33, 2921.331, 2921.34, or 2921.35 or of the Sharonville Codified Ordinances Chapter 525.
H. Any violation of a Weapons Offense as defined in Ohio Revised Code Section Chapter 2923 or of the Sharonville Codified Ordinances Chapter 549.
I. Any violation of an Animals and Fowl Offense of the Sharonville Codified Ordinances Chapter 505.
J. Any violation pertaining to health, fire safety, or other regulations of the Ohio Revised Code, Ohio Administrative Code, or Ohio Fire Code as determined by inspection of the State of Ohio Fire Marshal's Office or the City of Sharonville, Ohio Fire Department that is uncorrected more than thirty (30) days after notice of violation is given.
K. Any health code violation under the Ohio Revised Code, Ohio Administrative Code, or of any adopted regulations of the applicable health department having jurisdiction within the City of Sharonville under the authority of Ohio Revised Code Chapter 3709 as determined by the applicable Health Department that is uncorrected more than thirty (30) days after notice of the violation is given. (Ord. 2022-21-E. Passed 3-29-22.)
L. Any property maintenance code, building code, or zoning code violations of the Sharonville Codified Ordinances or the International Property Maintenance Code (IPMC) that is uncorrected more than thirty days after notice of the violation is given and that is also the first uncorrected violation within the previous 24- month period."
M. Any property maintenance code, building code, or zoning code violations of the Sharonville Codified Ordinances or the International Property Maintenance Code (IPMC) that is both i) the same or substantially similar to a previous violation under Ordinance 521.17(a)(8)(L) within the previous 24-month period and ii) is a second or more uncorrected violation at the same location subject to verification by the Safety-Service Director or his / her designee via the Hamilton County or Butler County Auditor's Office that the property has not been transferred since the first uncorrected violation within the previous 24-month period.
(b) Notification That Premises May Be a Chronic Nuisance. The City Safety Service Director or his or her designee shall notify a premises' owner in writing that the premises is in danger of becoming a chronic nuisance when any of the following circumstances have occurred at the premises:
When four (4) or more nuisance activities have occurred at any single premises and where each activity occurs on a separate day during a thirty (30) day time period; or
When, within a one year time period, the following number of nuisance activities has occurred at the premises:
Premises with 1 unit: 4 nuisance activities
Premises with 2 to 4 units: 7 nuisance activities
Premises with 5 to 19 units: 15 nuisance activities
Premises with 20 to 39 units: 19 nuisance activities
Premises with 40 to 119 units: 21 nuisance activities
Premises with 120 to 199 units: 27 nuisance activities
Premises with over 200 units: 31 nuisance activities
The notice provided for in Section 521.17(b) shall be deemed properly delivered if sent by first class mail to the address for the owner listed on the records of the Butler County or Hamilton County Auditor. If the notice is returned as undeliverable, the notice shall be deemed properly delivered if it is either posted on the front door or in a conspicuous location/manner of the premises that is the subject of the notice and order or if it is delivered in person to the owner or operator.
The notice shall contain the following information:
The street address or legal description sufficient for identification of the premises;
A factual description of the nuisance activities that have occurred at the premises, including the dates of the nuisance activities;
A statement that the premises owner shall respond to the City Safety Service Director or his or her designee within ten (10) days of the date of the owner's receipt of the notice with a written plan to abate the nuisance activities;
A statement that the requirement the owner provide a written plan to abate the nuisance is a lawful order, and that failure to provide a written plan could subject the owner to penalties pursuant to Section 521.17(d).
(Ord. 2023-30. Passed 4-25-23.)
(c) Determination That Premises is a Chronic Nuisance. Whenever the City Safety Service Director or his or her designee determines that an additional nuisance activity has occurred at a premises for which a notice has been issued pursuant to Section 521.17(b) and this nuisance activity occurs more than fourteen (14) days after the notice has been issued, the city solicitor or his or her designee shall determine that the premises is a chronic nuisance and issue a lawful order that the owner abate the nuisance within thirty (30) days of the owner's receipt of the notice. Failure to abate the nuisance shall be deemed a violation of this chapter.
The notice and order provided for in this section shall be deemed properly delivered if sent by first class mail to the address for the owner listed on the records of the Butler County or Hamilton County auditor. If the notice and order are returned as undeliverable, the notice and order shall be deemed properly delivered if they are either posted on the front door or in a conspicuous location/manner of the premises that is the subject of the notice and order or if they are delivered in person to the owner or operator.
*The notice shall contain the following information:
The street address or legal description sufficient for identification of the premises;
A description of the nuisance activity or activities for which the premises owner is
notified of, including the dates of the nuisance activity or activities;
An order that the nuisance activity be abated; and
A statement that the premises owner may appeal the determination that the owner's premises is a chronic nuisance as provided in Section 521.17(e).
(d) Citations For Multiple Nuisance Activities; Penalties. Whoever violates this chapter or fails to obey any lawful order issued by the City Safety Services Director or his or her designee to abate a chronic nuisance within thirty (30) days or to provide a written plan to abate the nuisance activities within ten (10) days, is guilty of a misdemeanor of the fourth degree on the first offense and guilty of a misdemeanor of the third degree on the second and subsequent offense. Each day's continuation of a violation or failure to comply is a separate offense.
With regard to any premises or unit where a violation occurs that constitutes a nuisance activity, that premises or unit shall be a public nuisance subject to abatement pursuant to Ohio Revised Code Chapter 3767 including, but not limited to, a one year closure of the premises or unit where the nuisance activity occurred.
Notwithstanding the requirements of this chapter, the Law Director is authorized to file
suit under state and local law to abate nuisances existing at property or premises, including seeking injunctive relief.
Notwithstanding provisions under Section 521.17(c), no sanctions shall be issued under
this Chapter if the owner submits a written plan to abate the nuisance activities pursuant to Section 521.17(b) but the premises shall remain subject to abatement under Ohio Revised Code Chapter 3767.
(e) Appeals.
(1) A premises' owner may appeal the determination of the City Safety Service Director or his or her designee pursuant to Section 521.17(c) that a premises is a chronic nuisance within thirty (30) days from the date of the notification from the City Safety Services Director or his or her designee that the premises is a chronic nuisance or within thirty (30) days from the date the bill or civil citation is issued.
(Ord. 2022-21-E. Passed 3-29-22.)
(2) Any appeal filed by an owner or operator must perfect that appeal by filing a request in writing with the Clerk of Council. The Clerk of Council will then schedule a public hearing to be held at a City Council meeting to be held within thirty (30) days of the appeal request. A quorum of City Council is required to proceed with the public hearing. Subsequent to the public hearing, a vote on the appeal is to be held by City Council with a majority of votes being needed to overturn the prior decision of the City Safety Service Director.
(Ord. 2022-48-E. Passed 9-13-22.)
(f) Rules and Regulations. The City Safety Service Director or his or her designee shall establish rules, regulations, and policies for the maintenance of information, notification of violations, determination of when calls for service are counted for purposes of this ordinance, appeals of decisions made, training for police officers or other City personnel, and all other relevant issues necessary for implementation of this chapter.
(g) Retaliation Prohibited.
(1) Landlord-Tenant Issues (regulated by Ohio R.C. Chapter 5321). It is understood that there is a substantial interest of a person who is living at a property as a tenant. Therefore, It shall be unlawful for a landlord to terminate the lease agreement or periodic tenancy of any tenant without good cause or otherwise retaliate against any tenant because that tenant complained to the police or other City official or employee about nuisance or criminal activities on the landlord's premises or made calls for service to the police related to nuisance or criminal activities on the landlord's premises. It shall be unlawful for a landlord or any person acting as an agent for the landlord to intimidate or actively discourage a tenant and/or persons associated with a tenant from calling the police to report nuisance activity associated with a property. It shall be presumed that any attempt to increase charges, reduce services, or to otherwise harass or retaliate against the tenant during the twelve (12)-month period following receipt of the complaint by the chief of police constitutes unlawful retaliation under this section.
Such presumption shall be rebutted by the preponderance of evidence that the actions taken by the landlord were based upon good cause. "Good cause" as used in this subsection means that a landlord must show good cause for his or her actions, other than one related to or caused by the operation of this section. Notwithstanding the foregoing, a tenant's lease agreement or periodic tenancy may be terminated for a failure to pay rent; committing nuisance activity as defined in Section 521.17(a); committing waste upon the premises; violating the terms and conditions of the lease agreement or periodic tenancy; or as otherwise provided in Ohio R.C. 5321. A landlord's failure to renew a lease agreement or periodic tenancy upon expiration of such lease agreement or periodic tenancy shall not be deemed a violation of this subsection.
(2) General Property Owner - Operator Issues. It is understood that Property Owners and Operators have the ability to properly regulate conduct on their property or premises. Some examples (without being all inclusive) are ejecting an occupant or person associated with the property or premises who is violating the rules of the property owner or operator. This can also include terminating or disciplining an employee who works at the property or premises. This can include denying a person service who is a customer at the property or premises. It should be understood that these actions on the part of the property owner or operator should be in accordance with federal and/or state law that regulate such actions.
However, an occupant has a responsibility as a good citizen to report in good faith crime, disorder, or regulatory violations. These reports allow the City of Sharonville to regulate conduct that poses a threat to the safety and health of its citizens. Therefore, it shall be unlawful for an owner, or operator; or any person acting as an agent for the owner, or operator to intimidate or actively discourage an occupant and/or persons associated with an occupant from calling the City of Sharonville to report in good faith a potential nuisance activity associated with a property.
(h) Severability. The provisions of any part of this Chapter are severable. If any provision or subsection hereof or the application thereof to any person or circumstances is held invalid, the other provisions, subsection, 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. 2022-21-E. Passed 3-29-22.)