§ 761-3. Notification That Premises May Be a Chronic Nuisance.

(a)

The city solicitor or his or her designee shall notify a premises owner in writing that the premises is in danger of becoming a chronic nuisance when any of the following circumstances have occurred at the premises:

(1)

When three or more nuisance activities have occurred at the premises, where each activity occurs on a separate day during a thirty-day period; or

(2)

The commission of a felony drug offense under any provision of Chapter 2925 or 3719 of the Ohio Revised Code has occurred at the premises; or

(3)

When, within a one year period, the following number of nuisance activities has occurred at the premises:

(A)

Premises with 2 or 3 residential units: 6 nuisance activities

(B)

Premises with 4 to 19 residential units: 14 nuisance activities

(C)

Premises with 20 to 39 residential units: 18 nuisance activities

(D)

Premises with 40 to 119 residential units: 20 nuisance activities

(E)

Premises with 120 to 199 residential units: 26 nuisance activities

(F)

Premises with over 200 residential units: 30 nuisance activities

(b)

The notice provided for in Section 761-3(a) is a lawful order. Each directive contained in the notice is a separate lawful order, and failure to obey any directive is subject to penalties pursuant to Section 761-7 herein.

(c)

The notice provided for in Section 761-3(a) shall be deemed properly delivered if sent by first class mail to the address for the owner listed on the records of the Hamilton County Auditor. If the notice is returned as undeliverable, the notice shall be deemed properly delivered if it is either posted on the front door of the premises that is the subject of the notice and order or if it is delivered in person to the owner. The notice shall contain the following information:

(1)

The street address or legal description sufficient for identification of the premises;

(2)

A factual description of the nuisance activities that have occurred at the premises, including the dates of the nuisance activities;

(3)

A statement that the premises owner shall respond to the city solicitor or his or her designee within 10 days of the date of the owner's receipt of the notice with a written plan to abate the nuisance activities;

(4)

A statement that the requirement the owner provide a written plan to abate the nuisance is a lawful order, and that failure to provide a written plan could subject the owner to penalties pursuant to Section 761-7; and

(5)

A statement that the cost of future enforcement at the premises as a result of nuisance activities shall be billed to the premises owner and could become a lien against the property if not paid.

(Ordained by Ord. No. 296-2006, eff. Nov. 11, 2006; a. Ord. No. 328-2011, § 4, eff. Nov. 19, 2011; Ord. No. 388-2013, § 1, eff. Dec. 20, 2013)