HomeMy WebLinkAboutLakewood Ohio nuisance ordinance 1/22/2019 Untitled document
510.01 DECLARATION OF NUISANCES.
(a) Definition of Nuisance Activity. The following activities occurring either on residential or
commercial property, or within one thousand(1,000) feet of the property line of said residential or
commercial property, and engaged in by an owner, or the owner' s agent, or, the owner's lessee, occupant,
invitee or the person or entity in charge of said residential or commercial property(including individual
apartment and condominium units) are hereby declared to be public nuisances:
(1) Any animal violations under Sections 505.02 (dogs running at large), 505.13, 505.15 and 505.20
(animal noise, excrement and biting), 505.18 or Chapter 506 (dangerous or vicious animals), 505.07 (killing
or injuring animals), 505.09 (cruelty to animals) of the Codified Ordinances;
(2) Any disorderly conduct disturbance of the peace or other violation of Chapter 509 of the Codified
Ordinances;
(3) Any drug abuse violation under Chapter 513 of the Codified Ordinances;
(4) Any noise violation under Chapter 515 of the Codified Ordinances;
(5) Any gambling violation under Chapter 517 of the Codified Ordinances;
(6) Any health, safety, or sanitation violation under Chapter 521, 1775 or 1779 of the Codified
Ordinances;
(7) Any littering or deposition of waste under Section 521.08 of the Codified Ordinances;
(8) Any obstruction of official business violation under Section 525.07 of the Codified Ordinances;
(9) Any alcohol violations under Chapter 529 of the Codified Ordinances or under Chapter 4301 of the
Ohio Revised Code;
(10) Any sex offenses under Sections 533.07 (public indecency), 533.08 (procuring), 533.09
(soliciting) or 533.10 (prostitution) of the Codified Ordinances;
(11) Any offenses against persons under Chapter 537 of the Codified Ordinances except Sections
537.055 (menacing by stalking) and 537.14 (domestic violence);
(12) Any offenses against property under Sections 541.03 (criminal damaging or endangering) or
541.04 (criminal mischief) of the Codified Ordinances;
(13) Any theft violation under Sections 545.05 (petty theft), 545.08 (unauthorized use of property), of
the Codified Ordinances;
(14) Any weapons, explosives, firearm or handgun violation under Chapters 549 of the Codified
Ordinances;
(15) Any fireworks violation under Section 549.10 of the Codified Ordinances;
(16) Any false alarm call which is defined for the proposes of this Chapter as being an emergency call
by an alarm company triggered by either an automated or manual alarm activation which, after investigation
by the Division of Police it is determined that there is no need for criminal investigation and that the alarm
activated for some other reason.
(17) Any offense that is a felony under the Ohio Revised Code.
(Ord. 22-18. Passed 7-2-2018.)
(b) For purposes of subsection(a), the occurrence of a nuisance activity means either a citation has been
issued, or an arrest has been made, or a conviction has been obtained, or a City Department, including, but
not limited to, Police, Fire,Animal Control, or Building, has documented the activity in lieu of arrest or
citation.
(c) Initiation of Nuisance Declaration Process. The Director of Public Safety or his or her designee, upon
finding that two or more nuisance activities or any one felony as outlined in subsection(a) have occurred
within a twelve-month period, may cause a written notice and order to be served on the owner of the
property. The notice shall declare that if a third nuisance activity, or any additional felony as outlined in
subsection (a)hereof occurs within a twelve-month period of the first nuisance activity, such property shall
be declared a nuisance property. The notice and order shall set forth the nature of the nuisances and the
estimated costs to abate any future nuisance and shall state that the owner may avoid being charged the costs
of abatement by taking steps to prevent any further nuisance activity as set forth in this section. The notice
shall further state that the City may abate the nuisance by responding to the activities using administrative
and law enforcement actions and the costs of such abatement shall be assessed on the nuisance property as
set forth in subsection(g). Notice shall be served pursuant to the Ohio Rules of Civil Procedure.
(d) Nuisance Declaration. If a third nuisance activity as declared in this section, or any additional felony,
occurs within twelve months after the first of the two nuisance activities referred to in subsection(c), the
http://whdrane.conwaygreene.com/psews/api/pse/print?nxt_host=whdrane.conwaygreene.com&nxt_path=%2FNXT%2Fgateway.dll%2F1021%2F1136... 1/2
1/22/2019 Untitled document
Director of Public Safety or his or her designee may declare the property to be a nuisance under this chapter.
Once a property has been declared a nuisance then any subsequent occurrence of any activity listed in
subsection (a)may cause another nuisance declaration. The cost of responding to the nuisance activity shall
be assessed on the nuisance property. The nuisance declaration may come before or after the City has
incurred the response costs. The costs shall be calculated as set forth in subsection (g) hereof. The City shall
provide notice to the owner of the nuisance property to pay the costs of abatement at least thirty(30) days
before such costs are certified to the County Auditor 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.Notice shall be served pursuant to the
Ohio Rules of Civil Procedure.
(Ord. 23-08. Passed 12-15-2008.)
(e) Reconsideration Request. The owner of a nuisance property who receives a nuisance 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)
days of the date of the nuisance declaration 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 Director 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 right to file an appeal
to the Board of Nuisance Abatement Appeals.
(f) Appeal to the Board of Nuisance Abatement Appeals. The owner may appeal the denial of the request
for reconsideration by submitting a written appeal letter to the Board of Nuisance Abatement Appeals within
thirty (30) days of the date of the denial. 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 nuisance activity stated in the notice being appealed, or if the activities stated in the notice
number more than three, each nuisance activity for which the City seeks compensation, 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. If a nuisance activity 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).
(Ord. 23-08. Passed 12-15-2008.)
(g) Costs of abatement shall be the actual cost based upon expenses and the hourly wage of any personnel
involved in the response to the nuisance activity defined in subsection(d) and any related notice and
declaration proceedings.
(Ord. 25-12. Passed 3-19-2012.)
(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. (Ord. 23-08. Passed 12-15-2008.)
http://whdrane.conwaygreene.com/psews/api/pse/print?nxt_host=whdrane.conwaygreene.com&nxt_path=%2FNXT%2Fgateway.dll%2F1021%2Fl l36... 2/2