(a) Once a property has been determined to be a chronic nuisance property, the owner of that property shall be charged for the actual cost of each subsequent service by the City of Zanesville for a nuisance or fe lony drug activity for that property.
(b) The Chief of Police or his or her designee shall also assess a civil penalty against an owner who violates any provision of this Chapter or fails to obey any order to abate a chronic nuisance. Assessments for nuisance activities shall be imposed based on the number of nuisance or felony drug activities that occur on that property once it has been deemed a chronic nuisance property. The assessment shall be issued as follows:
(1) For the third nuisance activity or second felony drug activity (that activity designating the property as a chronic nuisance property), a civil penalty against the owner of one hundred and fifty dollars ($150.00) shall be imposed;
(2) For the first nuisance or felony drug activity after being declared a chronic nuisance property, a civil penalty against the owner of two hundred and fifty dollars ($250.00) shall be imposed;
(3) For the second nuisance or felony drug activity after being declared a chronic nuisance property, a civil penalty against the owner of five hundred dollars ($500.00) shall be imposed;
(4) For the third nuisance or felony drug activity after being declared a chronic nuisance property, a civil penalty against the owner of seven hundred and fifty dollars ($750.00) shall be imposed;
(5) For each nuisance or felony drug activity after the third, set forth directly above, a civil penalty against the owner of one thousand dollars (1 ,000.00) shall be imposed.
(c) The determination that a premises is a chronic nuisance subject to remittance for the cost of enforcement pursuant to this section and subject to civil penalties or criminal prosecution pursuant to this Chapter shall be effective for a two year period beginning with the date the property is declared to be a chronic nuisance property. If at any point during that two-year period another nuisance activity or felony drug activity occurs at the property, the two year period shall restart from the date of that activity. The two-year period shall restart for any subsequent nuisance or felony drug activity.
(d) In addition to other relief ordered, a court of competent jurisdiction may authorize the City to physically secure the property against all access, use or occupancy in the event that the owner fails to do so within the time specified by the court. In the event that the city is authorized to secure the property, all costs reasonably incurred by the City to physically secure the property shall be paid to the City by the owner and may be included in the City's money judgment, including court costs. The court may in its discretion, award attorney fees to the prevailing party.
(Ord. 18-128. Passed 1-28-19.)