2016-056 Ordinance - Laserfiche WebLink

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notice charging the cost of abating nuisance activity, or a notice that the cost of abatement shall be certified to the County Auditor, the City must show by a preponderance of the evidence that the charging of abatement costs or the certification of abatement costs is justified. The owner may prevail on appeal of any notice if the owner demonstrates by a preponderance of the 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 promptly and vigorously took all actions necessary to abate the nuisance activity including, without limitation, compliance with the requirements of division (C) of Section 5321.17 and division (A)(9) of Section 5321.04 of the Revised Code; 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 division (C) of Section 5321.17 and division (A)(9) of Section 5321.04 of the Revised Code. (Ord. 2008-62. Passed 8-5-08.) 561.03 FAILURE TO ABATE NUISANCE ACTIVITY. (a) Whenever a property owner has been billed on three (3) or more separate dates within a two-year time period for the cost to abate nuisance activity under this Chapter, the Director of Public Safety shall notify the property owner that he or she may be issued a criminal citation for a misdemeanor of the second degree thirty (30) days after the third bill is issued. (b) No property owner shall fail to abate nuisance activity within thirty (30) days after the third bill within a two-year time period for the cost to abate nuisance activity under this Chapter. (c) Whoever violates this section is guilty of failure to abate nuisance activity, a misdemeanor of the second degree. (Ord. 2008-62. Passed 8-5-08.) 561.04 OTHER LEGAL ACTIONS NOT AFFECTED. The declaration of a nuisance property, an order to abate a nuisance, or the charging or assessment of costs by the City on a property under this chapter, do 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. (Ord. 2008-62. Passed 8-5-08.) 561.05 SEVERABILITY. If any clause, sentence, paragraph or part of this chapter, or its application to any person or circumstance shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Chapter nor the application of such clause, sentence, paragraph or part to other persons or circumstances but shall be confined in its operation to the clause, sentence, paragraph or part and to the persons or circumstances directly involved in the controversy in which such judgment shall have been rendered. It is declared to be the legislative intent that this chapter would have been adopted had such provisions not been included or such persons or circumstances been expressly excluded from their coverage. (Ord. 2008-62. Passed 8-5-08.)