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69-04 509.14 Abatement of Criminal Activity & Collection of Costs
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69-04 509.14 Abatement of Criminal Activity & Collection of Costs
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Last modified
5/14/2013 3:08:24 PM
Creation date
6/1/2005 6:43:28 AM
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Office Of Council
Document Type
Ordinances
Date
6/1/2005
Date Adopted
5/16/2005
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<br />description of the nuisance activity that is the basis for the <br />notice of intent to assess the property, and the cost to abate. <br />If the same is not paid wi thin thirty: (30) days of the mailing <br />of the notice, such amount may be 'certified to the County <br />Auditor for collection as other taxes and assessments are <br />collected, or the City may seek recoveFY of such costs by civil <br />action against the property owner involved. Notice shall be <br />served pursuant to the Ohio Rules of Ciyil Procedure. <br /> <br />(e) The owner of a nuisance property who receives a notice <br />from the Chief of Polite or his designee pursuant to this <br />Section may appeal such notice by submitting a written request <br />for reconsideration to the Law Department within (30) days of <br />the date of the notice. If the Director of Law, or his or her <br />designee (s) finds that the facts presented do not support the <br />declaration of a nuisance, the Director shall rescind the <br />notice. Any such appeal shall not stay any actions by the City <br />to abate the first or any subsequent nuisance acti vi ty. In any <br />such appeal, the City must show by a preponderance of the <br />evidence that each violation stated in the notice being appealed <br />has occurred, and that the declaratiþn öf the property as a <br />nuisance property or of the intent of the City to assess the <br />property for abatement costs, whichever is applicable, is <br />justified. The city shall be deemed to have failed to have met <br />this standard if the owner demonstrates by a preponderance of <br />evidence that: <br /> <br />(1) He or she was not the owner at the time of any of <br />the nuisance activity that is the basis of the notice; or <br /> <br />(2) He or she had knowlecigelof the nuisance activity, <br />but has promptly and vigorously taken all actions necessary <br />to abate each nuisance including, without limitation, <br />compliance with the requirementk of Ohio Revised Code <br />Sections 5321.17 (C) and 5321. 04 (A) (9), or <br /> <br />(3) He or she' had no knÇJwledge of the nuisance <br />activity and could n9t, with reasonable care and diligence, <br />have known of the nuisance activity; and upon receipt of <br />the notice of the declaration of the property as a nuisance <br />property, he or she promptly took all actions necessary to <br />abate the nuisance including, without limitation, <br />compliance with the requirements of Ohio Revised Code <br />Sections 5321.17 (C) and 5321.04 (A) (9). <br /> <br />4 <br />
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