99-08 Repeal 509.14, Criminal Activity Nuisance

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(30) days before such costs are certified to the County for assessment against the property, and such notice shall contain a description of the nuisance activity that is the basis for the notice of intent to assess the property, and the cost to abate. If the same is not paid within thirty (30) days of the mailing of the notice, such amount may be certified to the County Auditor for collection as other taxes and assessments are collected, or the City may seek recovery of such costs by civil action against the property owner invo ved. Notice shall be served pursuant to the Ohio Rules of Civil Procedure. (e) .The owner of a nuisance property who receives a notice from the Chief of Police or his designee pursuant to this Section may appeal such notice byy submittin a written request for reconsideration to the Law Department within (30? days o~ the date of the notice. If the Director of Law, or his or her designee(s) finds that the facts presented do not support the declaration of a nuisance, the Director shall rescind the notice. Any such appeal shall not stay any actions by the City to abate the first or any subsequent nuisance activity. In any such appeal, the City must show by a preponderance of the evidence that each violation stated in the notice being appealed has occurred, and that the declaration of the property as a nuisance property or of the intent of the City to assess the property for abatement costs, whichever is applicable, is justified. The City shall be deemed to have failed to have met this standard if the owner demonstrates b 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 reeqquirements o~ 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 nwsance property, he or she promptly took all actions necessary to abate the nuisance including, without limitation, comppliance with the requirements of Ohio R.C. 5321.17(C) and 5321.04(A)(9). Costs of abatement shall be a minimum of one hundred dollars $100.~~) upon the first violation of this section, two hundred and fifty dollars $250.00) on the second violation of this section, and five hundred dollars $500.00) on each subsequent violation of this section. (g) 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 affec# 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. is hereby repealed. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements.