(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.
(2) Any disorderly conduct, disturbance of the peace, noise violation or other violation of Chapter 648 of the Codified Ordinances;
(3) Any drug abuse violations under Chapter 624 of the Codified Ordinances;
(4) Any gambling violation under Chapter 630 of the Codified Ordinances;
(5) Any health, safety, or sanitation violation under Chapter 660 of the Codified Ordinances;
(6) Any obstruction of official business violation under Section 608.06 of the Codified Ordinances;
(7) Any alcohol violations under Chapter 612 of the Codified Ordinances;
(11) Any littering or deposition of waste under Section 666.03 of the Codified Ordinances;
(14) Any fireworks violation under the Codified Ordinances.
(b) The Chief of Police or his or her designee, upon finding that two or more nuisance activities declared in this section have occurred within any 12-month period, shall cause a written notice and order to be served on the owner of the property, the tenant(s) and the Building Commissioner, declaring that such property is a nuisance property. The notice and order shall set forth the nature of the nuisances, the costs of abatement pursuant to division (e) of this section, the ability of the Building Commissioner to rescind rental permits pursuant to Chapter 1280 and the ability of the Building Commissioner to waive prior citations as they relate to the revocation of rental permits if the owner/landlord can prove, to the Building Commissioner's satisfaction, that the property is being rented to tenants not involved in prior citations. Notice shall be served as set forth in Section 648.17 of the Codified Ordinances.
(c) The City may abate any nuisance activity as declared in this section 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 Section 648.17 of the Codified Ordinances, and the costs shall be 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 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. Notice shall be served as set forth in Section 648.17 of the Codified Ordinances.
(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 30 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 Zoning Appeals. Any such appeal shall not stay any actions by the City to abate the first or any subsequent nuisance activity. In any such appeal, the City must show by a preponderance of the evidence that each violation stated in the notice being appeal 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 is justified.
(e) Costs of abatement shall be two hundred and fifty dollars ($250.00) for the third nuisance activity and five hundred dollars ($500.00) on each subsequent nuisance activity.
(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) For purposes of this section, the occurrence of a nuisance activity means that a citation has been issued, or an arrest has been made for one or more of the offenses or activities listed in division (a) of this section.
(h) This section shall be attached to the application for a rental permit issued pursuant to Section 1280.10.
(Ord. 2004-42. Passed 11-15-2004; Ord. 2007-66. Passed 11-19-2007.)