25-12 Amend 510.01, Declaration of Nuisance & 510.04, Board of Nuisance Appeals

Home Browse Search

deuced by a criminal conviction then it shall be per se proof that the ac- tivity has occmxed. 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 tvas not the owner at the time of any of the nuisance ac- tivity 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 ac- tivity; and upon receipt of the notice of the declaration of the prop- erty as a nuisance property, he or she promptly took all actions necessary to abate the nuisance including without ]imitation, com- pliance 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 minhnum defined costs are: two hundred dollars ($200.00) upon the first declaration of nnisance under this chapter; three hundred and filly 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 eriminat prosecution ox other legal action against any person for violation of the City's ordinances. shall be and hereby is amended to read as follows: 510.01 DECLARATION OF NUISANCES. (e) Reconsideration Request. The owner of a nuisance property who re- ceives anuisance declaration notice from the Director of Public Safety or his or her designee pursuant to subsection (d) may appeal such notice by submitting a written request for reconsideration to the Director of Public Safety within thirty_(30) davs of the date of the nuisance declara- tion notice. If the Director of Public Safety or his or her designee finds that the facts presented do not constitute a public nuisance then the Di- rector of Public Safety or his or her designee shall rescind the notice. Otherwise the Director of Public Safety or his or her designee shall deny the request and advise the appellant in writing of the denial and of the appellant's riglu to file an appeal to the Board of Nuisance Abate- ment Appeals.