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<br />Ordinance No. 2008-62 <br />(2) He or she had knowledge of the nuisance activity, but promptly and vigorously <br />took all actions necessary to abate the nuisance activity including, without <br />limitation, compliance with the requirements of division (C) of Section 5321.17 <br />and division (A)(9) of Section 5321.04 of the Revised Code; or <br />(3) He or she had no knowledge of the nuisance activity and could not, with <br />reasonable care and diligence, have known of the nuisance activity; and upon <br />receipt of the notice of the declaration of the property as a nuisance property he or <br />she promptly took all actions necessary to abate the nuisance including, without <br />limitation, compliance with the requirements of division (C) of Section 5321.17 <br />and division (A)(9) of Section 5321.04 of the Revised Code. <br />561.03 Failure to Abate Nuisance Activity <br />(a) Whenever a property owner has been billed on three (3) or more separate dates <br />within a two-year time period for the cost to abate nuisance activity under this <br />Chapter, the Director of Public Safety shall notify the property owner that he or <br />she may be issued a criminal citation for a misdemeanor of the second degree <br />thirty (30) days after the third bill is issued. <br />(b) No property owner shall fail to abate nuisance activity within thirty (30) days after <br />the third bill within a two-year time period for the cost to abate nuisance activity <br />under this Chapter. <br />(c) Whoever violates this section is guilty of failure to abate nuisance activity, a <br />misdemeanor of the second degree. <br />561.04 Other Legal Actions Not Affected <br />The declaration of a nuisance property, an order to abate a nuisance, or the charging or <br />assessment of costs by the City on a property under this chapter, do not affect or limit the <br />City's right or authority to bring criminal prosecution or other legal action against any <br />person for violation of the City's ordinances. <br />561.05 Severability <br />If any clause, sentence, paragraph or part of this chapter, or its application to any person <br />or circumstance shall for any reason be adjudged by a court of competent jurisdiction to <br />be invalid, such judgment shall not affect, impair or invalidate the remainder of this <br />Chapter nor the application of such clause, sentence, paragraph or part to other persons or <br />circumstances but shall be confined in its operation to the clause, sentence, paragraph or <br />part and to the persons or circumstances directly involved in the controversy in which <br />such judgment shall have been rendered. It is declared to be the legislative intent that this <br />chapter would have been adopted had such provisions not been included or such persons <br />or circumstances been expressly excluded from their coverage. <br />6