(A) When the Police Chief determines that additional nuisance activities have occurred at a premises, where a notice has been issued pursuant to § 96.02, and the nuisance occur more than 13 days after a notice has been issued, the Police Chief may determine the premises a chronic nuisance. The following must happen.
(1) The Police Chief must issue an order that the owner must abate the nuisance within 30 days of the owner’s receipt of the notice.
(2) The Police Chief must calculate the cost of enforcement for this activity and any subsequent nuisance activities, notify the premises owner that he or she is being billed for the cost and any subsequent nuisance activities.
(B) A notice to the premises owner must be sent in the following manner:
(1) Certified mail to the address of the owner as listed on record of the Preble County Auditor, which shall be deemed delivered if not returned as undeliverable;
(2) Hand-delivered to the premises owner, if possible; or
(3) If service of notice is not perfected by the methods above, then the notice shall be posted to the front door, or conspicuous location, of the premises.
(C) Notice shall include the following information:
(1) Street address or legal description that is sufficient for identification;
(2) A factual description of the nuisance activities that have occurred at the premises, including the dates of the nuisance activities and any associated police report numbers;
(3) An order that the nuisance activity be abated;
(4) A statement that the premises owner may appeal the determination of the chronic nuisance or appeal of the amount of the bill as provided in § 96.05;
(5) The statement that the premises is a chronic nuisance and is subject to bills for the cost of enforcement pursuant this section and subject to citations or criminal prosecution pursuant to § 96.04; and
(6) The statement that the chronic nuisance determination shall be in effect for a two-year period beginning on the date of the first nuisance activity that is the subject to the first bill of the cost for enforcement delivered to the premises owner.
(Ord. 911, passed 4-19-2021)