23-08 Amend 510.01 Nuisance Abatement

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has been evidenced by a criminal conviction then it shall be per se proof that the activity has occurred. The City shall be deemed to have failed to meet 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). (g) Costs of abatement shall be a combination of a defined minimum cost and the actual cost based upon the hourly wage. of any safety, animal control officer, building department personnel or any other personnel , involved in the response to the nuisance activity defined in subsection (d). The minimum defined costs are: two hundred dollars ($200.00) upon the first declaration of nuisance under this ordinance; three hundred and fifty dollars ($350.00) on the second nuisance declaration; and five hundred dollars ($500.00) on each subsequent nuisance declaration. (h) The declaration of a nuisance property, an order to abate a nuisance, or the assessment of costs by the City on a property, does not affect or limit the City's right or authority to bring criminal prosecution or other legal action against any person for violation of the City's ordinances. 510.02 (Reserved). 510.03 (Reserved). 510.04 Board of Nuisance Abatement Appeals (a) Establishment; Purpose.