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§ 96.03 DETERMINATION THAT PREMISES IS A CHRONIC NUISANCE.
   (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)
§ 96.04 CITATIONS FOR CHRONIC NUISANCE ACTIVITIES; CRIMINAL AND CIVIL PENALTIES.
   (A)   Persons who violate this chapter by failing to obey any lawful order issued by the Police Chief to abate a chronic nuisance within 30 days, or to provide a written plan to abate the nuisance activities within ten days, are subject to the following:
      (1)   First offense: guilty of a misdemeanor of the fourth degree;
      (2)   Second and subsequent offenses: guilty of a misdemeanor of the third degree; and
      (3)   Each day’s continuation of a violation or failure to comply is a separate offense.
   (B)   Citations for nuisance activities shall be imposed based on the following: number of bills for enforcement delivered to a premises owner for a specific premises within a two-year period beginning on the date of the nuisance activity that is the subject of the first bill for the cost of enforcement delivered to the premises owner for that specific premises occurred.
   (C)   Whenever a premises owner has been billed on three more separate dates within the two-year period beginning with the date of the nuisance activity that is the subject of the first bill for the cost of enforcement sent to the premises owner for that specific premises, the Police Chief must issue a citation to the premises owner as follows:
      (1)   Fourth bill: $250 assessment against the premises;
      (2)   Fifth bill: $500 assessment against the premises;
      (3)   Sixth bill: $750 assessment against the premises; and
      (4)   For each bill incurred after the sixth, a $1,000 assessment will be placed against the premises.
(Ord. 911, passed 4-19-2021)
§ 96.05 APPEALS.
   (A)   A premises owner may appeal the following:
      (1)   Determination of the premises being deemed a chronic nuisance by the Police Chief pursuant to § 96.03(A); and
      (2)   The amount of the bill for the cost of enforcement related to nuisance activities at the premises pursuant to § 96.03(A)(2).
   (B)   An appeal of the determination that a premises is a chronic nuisance or the amount of the bill for the cost of enforcement related to nuisance activities at the premises must be made in writing and directed to Council and delivered to the Fiscal Officer. A written notification of the Police Chief’s determination will be sent within 30 days of receipt of the appeal by the same methods as described in § 96.03(B).
   (C)   A premises owner may appeal the Police Chief’s determination that a premises is a chronic nuisance, the determination regarding an amount of the bill for enforcement, or a citation within 30 days from the date that the Police Chief’s determination letter is postmarked by requesting a hearing before Council. The determination letter must state how many days the premises owner has to appeal the assessment.
(Ord. 911, passed 4-19-2021)
§ 96.06 LIENS.
   Bills for enforcement and assessments that are not paid will become liens on the premises to the extent permitted under applicable law.
(Ord. 911, passed 4-19-2021)
§ 96.07 RULES AND REGULATIONS.
   The village will establish rules and regulations for the maintenance of information, notification of violations, calculation of bills for the cost of enforcement services, imposition of fines, determination of whether calls for service are counted for purposes of this chapter, appeals of decisions made, and all other relevant issues necessary for implementation of this chapter. The rules and regulations and amendments thereto shall be made available for public viewing 30 days prior to their effective date.
(Ord. 911, passed 4-19-2021)