(a) The following activities occurring on any residential or commercial property, and engaged in by an owner, tenant, occupant or invitee of the owner, tenant, occupant, or invitee of that property, are hereby declared to be public nuisances:
(8) Any offense against another person under Sections 537.03 (Assault), 537.04 (Negligent Assault), 537.05 (Aggravated Menacing), 537.06 (Menacing), 537.14 or Ohio R.C. 2919.25 (Domestic Violence), 537.07 (Endangering Children), 537.18 (Contributing to the Unruliness or Delinquency of a Child), or 537.16 (Sales of Cigarettes, Cigars, Tobacco to Minors), of the Codified Ordinances;
(11) Any weapons, explosives, firearms or handgun violation under Chapter 549 of the Codified Ordinances;
(13) Any felony offense as defined by the Ohio Revised Code.
(b) (1) As used in this Section, "property" means and includes land, together with appurtenant land, such as a parking area, loading area, landscaping, buildings and structures, provided, however, that, if a property consists of, or is subdivided into, more than one occupancy unit, such as apartments, office suites, storefronts, or condominiums, "property" shall be limited to that occupancy unit at which a nuisance activity has occurred or is occurring, unless repetitive nuisance activities are caused by the same actor(s) at multiple unit locations.
(2) Upon finding that three or more nuisance activities declared in this section have occurred within or in connection with, the same property within any twelve month period, the Village may cause a written notice and order to abate nuisance to be served on the owner of the property by the Chief of Police or his designee, 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 the costs of such abatement by taking steps to prevent any further nuisance activity as set forth in this section. The notice shall further state that if a fourth or subsequent nuisance activity as declared in this section occurs within twelve months of the date of the first nuisance activity, the Village may abate the nuisance by responding to the 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 three nuisances referred to in division (b) of this section has occurred, a fourth nuisance activity as declared in this section occurs, the Village 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 Village shall cause the Chief of Police or his designee to provide notice to the owner of the nuisance property of the Village'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 before a Board consisting of the Mayor, Village Manager, and Council President. Any such appeal shall not stay any actions by the Village. On appeal before that Board, the Village 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 Village to assess the property for abatement costs, whichever is applicable, is justified. The Village 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 Village 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 Village on a property, do not affect or limit the Village's right or authority to bring criminal prosecution or other legal action against any person for violation of the village's ordinances.
(g) Any notice described in this Section 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 Village 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 Police Chief may cause its abatement and report the cost thereof to Finance Director, who will cause the same to be assessed on the real estate on which the nuisance existed or the cause or source thereof was located.
(Ord. 2021-20. Passed 7-19-21.)
(i) No enforcement action or abatement under this section will be ordered against a real property owner who is either: (1) an individual who was a complainant or a victim in whole or in part of the incidents that formed the basis of the nuisance enforcement action; or (2) an individual who has a known disability or has a relationship or association with an individual who has a known disability pursuant to the Americans with Disabilities Act, as is set forth in 28 C.F.R. Ch. 1, Pt. 35, as may be hereinafter amended ("ADA"), in whole or in part of the incidents that formed the basis of the nuisance enforcement action. No abatement measure against an individual will be predicated upon the fact that such individual called for police or emergency services. Any decision or related order in a nuisance proceeding imposing enforcement or abatement action shall make a finding whether that individual is a victim, complainant, or qualifies for an exemption pursuant to the ADA. If the individual is not found to be a victim or complainant, and also does not qualify for an exemption pursuant to the ADA, then that individual may be the subject of such enforcement or abatement action under this section.
(Ord. 2022-41. Passed 9-19-22.)