Nuisance or Nuisance Acti

Transcription

CMC 761
761-1-N - Nuisance or Nuisance Activity"
"Nuisance" or "nuisance activity" shall mean any of the
following activities, conduct, or behavior whenever
engaged in by premises owners, operators, occupants,
or persons associated with a premises:
(a)Assault, aggravated assault, or felonious assault as
defined in C.M.C. 908-5 or as defined in Ohio Revised
Code Sections 2903.11, 2903.12, or 2903.13;
(b)Menacing, aggravated menacing, or menacing by
stalking as defined in C.M.C. 908-3, 908-7, or 908-9 or
as defined in Ohio Revised Code Sections 2903.21,
2903.22, or 2903.211;
(c)Inducing panic, making a false alarm, or perpetrating
a hoax weapon of mass destruction as defined in Ohio
Revised Code Sections 2917.31, 2917.32, and 2917.33;
(d)Disrupting public services as defined in Ohio
Revised Code Section 2909.04;
(e)Curfew violation as defined in C.M.C. 911-27
(f)Attendance at school violation as defined in C.M.C.
910-1
(g)Disorderly conduct as defined in Ohio Revised
Code Section 2917.11;
(h)Discharging firearms in violation of C.M.C. 708-27
(i)Drug sale or use as defined in C.M.C. 910-21 and
910-23 and Ohio Revised Code Chapter 2925;
(j)Compelling or promoting prostitution, procuring,
soliciting, or loitering to engage in solicitation, or
prostitution as defined Ohio Revised Code Sections
2907.21 through 2907.25, inclusive;
(k)Public gaming as defined in C.M.C. 906-9 or in Ohio
(l)Unauthorized possession, sale, or discharge of
fireworks as defined in C.M.C. 1213-7 or in Ohio
(m)Loud noises as defined in C.M.C. 910-7
Problems/explanations of the
ordinance
CPD PROPOSED CHANGES
WINBURN PROPOSED CHANGES
"Nuisance" or "nuisance activity" shall mean any of the Same as original
following activities, conduct, or behavior whenever
engaged in by premises owners, operators, occupants,
or persons associated with a premises:
(a)Assault, aggravated assault, or felonious assault as
defined in C.M.C. 908-5 or as defined in Ohio Revised
Code Sections 2903.11, 2903.12, or 2903.13;
(b)Menacing, aggravated menacing, or menacing by
stalking as defined in C.M.C. 908-3, 908-7, or 908-9 or
as defined in Ohio Revised Code Sections 2903.21,
2903.22, or 2903.211;
(c)Inducing panic, making a false alarm, or perpetrating
a hoax weapon of mass destruction as defined in Ohio
Revised Code Sections 2917.31, 2917.32, and 2917.33;
(d)Disrupting public services as defined in Ohio
(e)Curfew violation as defined in C.M.C. 911-27
(f)Attendance at school violation as defined in C.M.C.
910-1
(g)Disorderly conduct as defined in Ohio Revised
Code Section 2917.11;
(h)Discharging firearms in violation of C.M.C. 708-27
(i)Drug sale or use as defined in C.M.C. 910-21 and
910-23 and Ohio Revised Code Chapter 2925;
(j)Compelling or promoting prostitution, procuring,
soliciting, or loitering to engage in solicitation, or
prostitution as defined Ohio Revised Code Sections
2907.21 through 2907.25, inclusive;
(k)Public gaming as defined in C.M.C. 906-9 or in Ohio
(l)Unauthorized possession, sale, or discharge of
fireworks as defined in C.M.C. 1213-7 or in Ohio
(m)Loud noises as defined in C.M.C. 910-7
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(n)Loud, dangerous, or vicious dog as defined in
C.M.C. 701-4, 701-5, 701-6, 701-7, or 701-27
(o)Kidnapping as defined in Ohio Revised Code
Section 2905.01.
761-1-O. – Occupant
Occupant" shall mean the person residing in or having
use of a premises. The same person or persons can be
owner and occupant.
761-1-01. - Operator
"Operator" shall mean any person, firm, company,
corporation or association, including their employees,
agents, or contractors, that controls, operates, or
manages a premise(s).
761-1-02. - Owner
"Owner" shall mean any person, partnership, firm, or
corporation, who alone or jointly with others, shall be
in possession of or have control of any premises or is
listed as the owner of a premises on the records of the
Hamilton County Auditor.
761-1-P. – Person Associated With
"Person associated with" shall mean any person who,
whenever engaged in a nuisance or nuisance activity,
enters, patronizes, visits; attempts to enter, patronize or
visit; or waits to enter, patronize, or visit, a premises or
person present on a premises, including any officer,
director, customer, agent, employee, or independent
contractor of a premises owner.
761-1-P1. – Property or Premises
"Property" or "premises" shall mean a platted lot or
part thereof, or unplatted lot or parcel of land, or plot
of land either occupied or unoccupied by any building
or structure, equipment, or property of any kind.
ADDED SECTION
Confusion in the manner the police
judge what is a property results in
some calls for service not being
properly accounted. For example
when one apartment building has
multiple addresses. The original
definition was upheld as sufficient at
the appeal hearing.
(n)Loud, dangerous, or vicious dog as defined in
C.M.C. 701-4, 701-5, 701-6, 701-7, or 701-27
(o)Kidnapping as defined in Ohio Revised Code
Section 2905.01.
Same as original
Same as original
Same as original
Same as original
761-1-02. – Owner
Same as original
761-1-02. – Owner
Same as original
Same as original
Same as original
"Property" or "premises" shall mean a platted lot or
part thereof, or unplatted lot or parcel of land, or plot
of land either occupied or unoccupied by any building
or structure, equipment, or property of any kind or a
building with its own street address
Same as original
761-1-U. Unit
“Unit” shall mean an individual residential dwelling in
which the occupant(s) have a right to exclusive
possession, including but not limited to an individual
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apartment within an apartment within an apartment
complex or an individual dwelling within a multi-family
home.
761-3. –Notification That Premises May Be a
Chronic Nuisance
(a)The police chief or his or her designee may notify a
premises owner in writing that the premises is in
danger of becoming a chronic nuisance when either of
the following circumstances has occurred at the
premises: (1)When three or more nuisance activities
have occurred at the premises on separate days during
a thirty-day period; or (2)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 over 40 residential units: 11 nuisance
activities
(b)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 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 police chief or his or her designee within 10
761-3. –Notification That Premises May Be a
It would be wise to have one person 761-3. –Notification That Premises May Be a
Chronic Nuisance
Chronic Nuisance
for all districts to oversee:
(a)The police chief director of the department of city
• the statistical information for (a)The police chief or his or her designee may notify a
planning and buildings (“the director”) shall be
all the districts,
provided in a database-compatible electronic
danger
of
becoming
a
chronic
nuisance
when
either
of
• analyze that the premises is in
format
nuisance activity records encompassing
the
following
circumstances
has
occurred
at
the
danger of becoming a chronic
calls
for
service, arrests, and reported crimes
premises:
(1)When
three
or
more
nuisance
activities
nuisance
on
separate
days
related
to
possible violations of Chapter 761
have
occurred
at
the
premises
each
• send out the letters
during a thirty-day period; or
The director, or his or her designee, shall review
• the billing notifications
(2)When, within a one-year period, the following
the nuisance activities to determine whether there
• the citations
number of nuisance activities has occurred at the
is sufficient evidence of actual nuisance activity
premises:
having occurred at premises.
The director or his or her designee may notify a
Landlords complained that it wasn’t
activities
equal between sizes of apartment
danger of becoming a chronic nuisance when either of
buildings. Though these numbers
the following circumstances has occurred at the
activities
were determined by standard
premises:
deviation and amount of time police
activities
(1)When three or more nuisance activities have occurred
spent at these larger buildings
at the premises on separate days during a thirty-day
activities
period; or (2)When, within a one-year period, the
When both of the following have occurred:
following number of nuisance activities has occurred
A. Pursuant to a request for a search warrant
at the premises:
for the premises, a court has determined
activities
probable cause exists that possession,
manufacture, or delivery of a controlled
substance or related offense as defined in
activities
ORC 2925.01 through 2925.58 has occurred
on the premises within the previous thirty
activities
days, and
B. The police chief or his or her designee has
activities
determined the search warrant was based (b)The notice provided for in Section 761-3(a) shall be
deemed properly delivered if sent by first class mail to
on evidence of continuous or repeated
nuisance activities at the premises.
the address for the owner listed on the records of the
Hamilton County Auditor. If the notice is returned as
(b) The notice provided for in Section
761.3(a) is a lawful order. Each directive
undeliverable, the notice shall be deemed properly
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days of the date of the owner's receipt of the notice
with a written plan to abate the nuisance activities
that is acceptable to the police chief or his or her
designee;
(4)A statement that the cost of future enforcement at
the premises as a result of nuisance activities may be
billed to the premises owner and could become a lien
against the property if not paid.
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.
(b)(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:
(2)A factual description of the nuisance activities
that have occurred at the premises, including the
dates of the nuisance activities;
to the police chief 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
that is acceptable to the police chief or his or her
designee;
(4)A statement that the cost of future enforcement at
the premises as a result of nuisance activities may be
billed to the premises owner and could become a lien
against the property if not paid.
(5) 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
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:
(2) A description of the nuisance activities that
have occurred at the premises as follows:
(A) Calls for Service: event number; address
including Apartment Number, where
available; incident description; dispatch
narrative; location on premises where the
incident occurred; call disposition; badge
number and names of responding officer(s);
and occurrence date and time.
(B) Arrests; offense address; name of person
arrested; charge or offense; arresting officer;
date of occurrence; and arrest report number.
(C) Reported Crimes: incident number;
offense; address; and date of the reported
crime.
to the police chief director 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 that is acceptable to the police chief
director or his or her designee; the director or his
or his designee may consult with the police chief
or his or her designee as necessary to determine
whether the written plan submitted by the owner
is acceptable to the police chief or his or her
designee in relation to remedying the ongoing
nuisance activities at that premises;
(4)A statement that the cost of future enforcement
at the premises as a result of nuisance activities may
be billed to the premises owner and could become a
lien against the property if not paid.
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ADDED SECTION
Acceptable plans were not defined.
This caused confusion. Yet the plan
is not really important. The
abatement of the nuisance is. This
section appears to give too much
time to fiddle around with the
“plan” and not to abating the
nuisance.
After notice
“Timely” submit plan (10 days)
“Timely” arrange meeting (7 days)
“Timely” submit plan
“Timely” implement plan to bring
property into compliance (30 days)
Section 761-4 Owner’s Proposal and
Implementation of Acceptable Plan
(a) If within 10 business days after an owner
receives a notice under Section 761-3, the
owner submits in good faith a proposed plan,
or, in the event of ambiguity as to what the
plan should include, the owner timely
arranges a meeting with the police
department for more information regarding
the nuisance activities at the owner’s property
to enable the owner to develop an acceptable
plan, then the owner shall not be subject to
fines for the same nuisance activities at the
same street address that occur prior to the
owner’s timely implementation of an
acceptable plan. If the owner fails to timely
submit or timely implement an acceptable
plan, the owner shall be subject to the
provisions of Section 761-7 herein for the same
nuisance activities, at the same address that
caused the owner to receive a notice under
Section 761-3. To “timely” arrange a meeting,
the owner must contact the police department
personnel identified on the letter sent to the
owner within 7 days of the date the letter is
marked as sent. To “timely” implement an
acceptable plan, the owner must bring the
property into compliance with the plan’s
requirements within 30 days from the date the
plan is determined acceptable. Phased-in
plans and seasonal plans shall be recognized
as being “timely” when implemented in
conjunction with the acceptable plan’s
timeline. Failure to submit a plan shall be
deemed failure to obey a lawful order.
(b)
(1) An acceptable plan shall include
remedying building code violations, fire code
violations, evicting problem tenants identified
as responsible for the nuisance activities where
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(c)If the plan is submitted and
excepted as a good plan and the
owner continues to use the plan and
even update the plan then if the
nuisance occurs within the next six
months and the owner corrects the
problem in the plan within 10 days
there will be no “fine”
appropriate, implementing CPTED (Crime
Prevention Through Environmental Design)
principals as set forth in the Cincinnati police
department’s informational brochure entitled
“Tactics to Reduce Crime through CPTED,’
attending Cincinnati Landlord Education
training provided through the Cincinnati police
department, and implementing siteappropriate strategies described in the
“Cincinnati Landlord Education Manual”
available through the Cincinnati police
department. The plan shall outline the
abatement actions the owner or property
manager will take to abate nuisances on their
property.
An acceptable plan may include reasonable
measures to abate nuisance activities that
occur on streets, alleys and/or sidewalks that
are contiguous to or abut the owner’s premises.
(2) In the event a plan is determined to be
unacceptable, the police department will notify
the owner of this determination by written
notice. A plan may be deemed unacceptable if
it does not include site-specific strategies with
the purpose of abating said nuisance(s).
Failure to provide an acceptable plan shall be
deemed failure to obey a lawful order.
(c) If after submitting an acceptable plan, an
owner uses reasonable effort to implement the
plan and continues to implement and update
the plan in cooperation with the police
department, then the owner shall not be
subject to fines for the same nuisance activities
at the same address that occur within six
months after the date of the notice to the owner
required by Section 761.3. Failure by the owner
to use such reasonable effort to implement the
plan and continue to implement such plan in
cooperation with the police department shall
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761-5. –Determination That Premises is a Chronic
Nuisance
(a)Whenever the police chief or his or her designee
determines that an additional nuisance activity has
occurred at a premises for which a notice has been
issued pursuant to Section 761-3, and this nuisance
activity occurs more than 13 days after the notice has
been issued, the police chief or his or her designee
may determine that the premises is a chronic nuisance
and order that the owner abate the nuisance within 30
days of the owner's receipt of the notice. The police
chief or his or her designee also may calculate the cost
of enforcement for this and any subsequent nuisance
activities, notify the owner that the owner is being
billed for the cost of this and any subsequent nuisance
activities, and bill the owner for the cost of
enforcement.
be deemed failure to obey a lawful order. An
owners efforts are “reasonable” for purposes of
this chapter when an acceptable plan is
completely and timely implemented and when
the owner makes repairs, performs the
maintenance, or takes the action necessary to
continue to comply with the plan within 10
business days after the owner or the operator of
the premises becomes aware or should have
become aware of the need for repair,
maintenance, or action.
(d) If the owner attempts to evict a problem
tenant whose unit or building has been
identified as the source of a nuisance activity,
then an officer with sufficient information to
attend court will attend the eviction hearing to
testify regarding the owner’s reasonable belief
that a nuisance activity actually occurred at the
unit or building if the owner sends a subpoena
to the Chronic Nuisance Reduction
Commander at the police district headquarters
for the district in which the premises is located.
761-5. –Determination That Premises is a Chronic 761-5. –Determination That Premises is a Chronic
Nuisance
Nuisance
(a) The director shall be provided in a database(a)Whenever the police chief or his or her designee
compatible format nuisance activity records
determines that an additional nuisance activity has
encompassing calls for service, arrests and
occurred at a premises for which a notice has been
issued pursuant to Section 761-3, and this nuisance
reported crimes related to possible violations
of Chapter 761. Whenever the police chief The
activity occurs more than 13 days after the notice has
director or his or her designee shall review the
been issued, the police chief or his or her designee
determines that an additional nuisance activity
may determine that the premises is a chronic nuisance
report to determine whether there is sufficient
and issue a lawful order that the owner abate the
nuisance within 30 days of the owner's receipt of the
evidence of an actual subsequent has occurred
notice. The police chief or his or her designee also
at a premises for which a notice has been issued
may calculate the cost of enforcement for this and any
pursuant to Section 761-3, and this nuisance
subsequent nuisance activities, notify the owner that
activity having occursed more than 13 days after
the owner is being billed for the cost of this and any
the notice has been issued.
subsequent nuisance activities, and bill the owner for
Upon determination that an actual additional
the cost of enforcement. Failure to abate the nuisance
nuisance activity occurred more than 13 days
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(b)The notice and order provided for in Section 761-5(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 and
order are returned as undeliverable, the notice and
order shall be deemed properly delivered if they are
either posted on the front door of the premises that is
the subject of the notice and order or if they are
delivered in person to the owner. The notice shall
contain the following information:
(2)A description of the nuisance activity or activities
for which the premises owner is being billed,
including the dates of the nuisance activity or
activities; (3)An order that the nuisance activity be
abated; and
(4)A statement that the premises owner may appeal
the determination that the owner's premises is a
chronic nuisance or may appeal the amount of the
bill as provided in Section 761-9
(c)A determination that a premises is a chronic nuisance
subject to bills for the cost of enforcement pursuant
to Section 761-5 and subject to fines or criminal
prosecution pursuant to Section 761-7 shall be
effective for a two-year period beginning with the date
of the first nuisance activity that is the subject of the
first bill for enforcement sent to the premises owner
for that specific premises.
shall be deemed a violation of this chapter.
abated; and
(c)A determination that a premises is a chronic
nuisance subject to bills for the cost of enforcement
pursuant to Section 761-5 and subject to fines or
criminal prosecution pursuant to Section 761-7
shall be effective for a two-year period beginning
with the date of the first nuisance activity that is the
subject of the first bill for enforcement sent to the
premises owner for that specific premises.
after the notice has been issued, the director or
his or her designee shall initiate a review of the
premises by the City of Cincinnati code
enforcement response team made up of
representatives of the departments of police,
fire, health, law and city planning and buildings
no later that thirty days after the date on which
such additional nuisance activity occurred at
the premises. No later than ten days after
reviewing premises, such members of the code
enforcement response team shall provide a
written report to the director regarding the code
enforcement response team’s assessment of the
premises in relation to existing code
enforcement violations. The director shall take
the code enforcement response team’s report
into consideration prior to any declaration that
a premises constitutes a chronic nuisance.
Upon review of the report of the code
enforcement response team, the director shall
based only upon the preponderance of the
evidence, declare the premises the police chief or
his or her designee may determine that the premises is
a chronic nuisance and order that the owner abate the
nuisance within 30 days of the owner's receipt of the
notice. Upon being provided by the police chief or
his designee with applicable cost data regarding
the cost of enforcement regarding nuisance
activities at the premises, tThe police chief director
or his or her designee also may calculate the cost of
enforcement for this and any subsequent nuisance
activities, notify the owner that the owner is being
billed for the cost of this and any subsequent nuisance
activities, and bill the owner for the cost of
enforcement.
8
Sec. 761-7. - Citations For Multiple Nuisance
Activities; Criminal And Civil Penalties.
(a)Whoever violates this chapter or fails to obey any
lawful order issued by the police chief or his or her
designee to abate a chronic nuisance, is guilty of a
misdemeanor of the fourth degree on the first offense
and guilty of a misdemeanor of the third degree on the
abated; and
(c)A determination that a premises is a chronic
nuisance subject to bills for the cost of enforcement
pursuant to Section 761-5 and subject to fines or
criminal prosecution pursuant to Section 761-7 shall be
effective for a two-year period beginning with the date
of the first nuisance activity that is the subject of the
first bill for enforcement sent to the premises owner
for that specific premises.
(d) A chronic nuisance premises shall be deemed
abated for purposes of this chapter when the
premises does not accrue subsequent nuisance
activities above the threshold provided for in Sec.
761(a)(2) during a period of twelve (12) consecutive
months from the date stated on the notice
declaring the premise a chronic nuisance.
Criminal penalties are an important Sec. 761-7. - Citations For Multiple Nuisance
Sec. 761-7. - Citations For Multiple Nuisance
component of this ordinance. Also, Activities; Criminal And Civil Penalties.
Activities; Criminal And Civil Penalties.
if everyone is doing their jobs and
(a) Whoever violates this chapter or fails to obey any
(a)Whoever violates this chapter or fails to obey any
following the steps within this
ordinance, these penalties would
never be used except for in an
extreme situation.
and guilty of a misdemeanor of the third degree on the and guilty of a misdemeanor of the third degree on the
9
second and subsequent offense. Each day's
continuation of a violation or failure to comply is a
separate offense.
separate offense.
(b)(a)As an alternative to criminal prosecution, the
(b)As an alternative to criminal prosecution, the police
chief or his or her designee may cite a person who
police chief or his or her designee may cite a person for
violates any provision of this chapter or fails to obey
additional nuisance activities that occur at the
any order to abate a chronic nuisance.
premises after the premises is declared a chronic
(1)Citations for nuisance activities shall be imposed
nuisance in accordance with the following: who
based on the number of bills for enforcement sent to
violates any provision of this chapter or fails to obey
a premises owner for a specific premises within a twoany order to abate a chronic nuisance.
year period beginning with the date of the nuisance
activity that is the subject of the first bill for
enforcement sent to the premises owner for that
a premises owner for a specific premises within a twospecific premises. (2)Whenever a premises owner has
year period beginning with the date of the nuisance
been billed on three or more separate dates within a
two-year period beginning with the date of the
nuisance activity that is the subject of the first bill for
specific premises. (2)Whenever a premises owner has
specific premises, the police chief or his or her
designee shall issue a citation to the premises owner as
follows:
As already:
(A)For the fourth bill within a two-year period, a citation
specific premises, the police chief or his or her
• Letters have gone out
of $250.00 shall be imposed;
designee shall issue a citation to the premises owner as
• Plans have been written
(B)For the fifth bill within a two-year period, a citation of
follows:
• Numerous meetings and
$500.00 shall be imposed;
discussions have been held
(C)For the sixth bill within a two-year period, a citation of
of $250.00 shall be imposed;
• The property has been
$750.00 shall be imposed;
declared a chronic nuisance
(D)For each bill after the sixth bill within a two-year period,
$500.00 shall be imposed; (C)For the sixth bill within a
• The property has been
a citation of $1,000.00 shall be imposed.
two-year period, a citation of $750.00 shall be imposed;
billed for compensation for
(D)For each bill after the sixth bill within a two-year period,
services rendered at least
a citation of $1,000.00 shall be imposed.
four times in two years
(b)If a premises is determined to be a chronic
• And the nuisance is still not
nuisance pursuant to Section 761-5, and an
abated
individual unit on or within the premises is the
• A citation/fine should be
source of subsequent activities resulting in three
high enough to finally get
or more bills for the cost of enforcement issued
their attention
pursuant to Section 761-5(a) on separate dates
within a two-year period beginning with the
date of the first nuisance activity that is the
separate offense.
(b)As an alternative to criminal prosecution, the police
chief director of the department of city planning
and buildings or his or her designee may cite a person
who violates any provision of this chapter or fails to
obey any order to abate a chronic nuisance.
a premises owner for a specific premises within a twoyear period beginning with the date of the nuisance
specific premises. (2)Whenever a premises owner has
specific premises, the police chief director or his or
her designee shall issue a citation to the premises
owner as follows:
of $250.00 $500.00shall be imposed;
$500.00 $1,000.00shall be imposed; (C)For the sixth
bill within a two-year period, a citation of $750.00
$1,500.00 shall be imposed; (D)For each bill after the
sixth the seventh bill within a two-year period, a
citation of $1,000.00 $5,000.00 shall be
imposed.(E) For each bill after the sixth seventh bill
within a two-year period, a citation of $1,000.00
$10,000.00 shall be imposed.
(c) In addition to the remedies provided in this
section, the city may take any other action
available to remediate activity prohibited by
this chapter or creating a public nuisance,
including without limitation, seeking
injunctions or other equitable relief and/or
10
761-9.-Appeals
(a)A premises owner may appeal the determination of
the police chief or his or her designee pursuant to
Section 761-5(a) that a premises is a chronic nuisance
or may appeal the amount of the bill for enforcement
related to nuisance activities at the premises pursuant
to Section 761-5(b) within 30 days from the date of the
notification from the police chief or his or her designee
that the premises is a chronic nuisance or within 30
days from the date the bill is issued.
(b)An appeal of the determination that a premises is a
chronic nuisance or the amount of the bill for
enforcement related to nuisance activities at the
premises must be made in writing and directed to the
Chronic Nuisance Reduction Commander, who shall
be appointed or designated by the police chief. A
written notification of the Chronic Nuisance Reduction
Commander's determination will be sent within 30 days
subject of the first bill for enforcement sent to
filing a receivership action.
the premises owner for that specific premises,
the police chief may;
(1) Request the solicitor’s office to file a
complaint with the court of common pleas in
order to enjoin the use or occupancy of that
particular unit for a period of up to one year
from the initial date of closure;and/or
(2) Charge the premises owner with any cost or
expense incurred by the city in connection with
abatement conducted by the city pursuant to
this Section 761-7. Costs and expenses incurred
by the city in connection with abatement
actions shall be assessed against the property
and shall constitute a lien against the property
until expense is fully paid to the city
(c) Notwithstanding the requirements of this
chapter, the city solicitor is authorized to file
suit under state and local law to abate nuisances
existing at property or premises, including
seeking injunctive relief.
761-9.-Appeals
761-9.-Appeals
Same as original
(a)A premises owner may appeal the determination of
the police chief director or his or her designee
pursuant to Section 761-5(a) that a premises is a
chronic nuisance or may appeal the amount of the bill
for enforcement related to nuisance activities at the
premises pursuant to Section 761-5(b) within 30 days
from the date of the notification from the police chief
director or his or her designee that the premises is a
chronic nuisance or within 30 days from the date the
bill is issued.
(b)An appeal of the determination that a premises is a
chronic nuisance or the amount of the bill for
enforcement related to nuisance activities at the
premises must be made in writing and directed to the
Chronic Nuisance Reduction Commander, who shall
be appointed or designated by the police chief city
manager. A written notification of the Chronic
11
of receipt of appeal. No change in the chronic nuisance
status of the premises may be made without going
through the written appeal process.
(c)A premises owner may appeal the Chronic Nuisance
Reduction Commander's determination that the
premises is a chronic nuisance or the determination
regarding the amount of the bill for enforcement
within 30 days from the date of the Chronic Nuisance
Reduction Commander's determination by requesting
that an administrative hearing be conducted by a
hearing examiner with the Office of Administrative
Hearings. A premises owner may appeal the issuance
of the citation pursuant to Section 761-5(c) within 30
days from the date citation is issued by requesting an
administrative hearing be conducted by a hearing
examiner with the Office of Administrative Hearings.
The hearing examiner will issue a written determination
on any appeal brought pursuant to Section 761-9
ADDED SECTION
Section 761-10 Eviction or Retaliation Prohibited
(a) It shall be unlawful for a landlord to terminate
the lease agreement or periodic tenancy of any
tenant without good cause or otherwise
retaliate against any tenant because that tenant
complained to the police about nuisance or
criminal activities on the landlord’s premises
or made calls for service to the police related to
nuisance or criminal activities on the
landlord’s premises.
Notwithstanding the foregoing, a tenant’s
lease agreement or periodic tenancy may be
terminated as provided in ORC Chapter 5321.
A landlord’s failure to renew a lease agreement
or periodic tenancy upon expiration of such
lease agreement or periodic tenancy shall not
be deemed a violation of this subsection.
(b) A citation of $250.00 shall be imposed for the
first violation of Section 761-10. A citation of
Nuisance Reduction Commander's determination by
the city manager will be sent within 30 days of receipt
of appeal. No change in the chronic nuisance status of
the premises may be made without going through the
written appeal process.
(c)A premises owner may appeal the Chronic Nuisance
Reduction Commander's determination that the
premises is a chronic nuisance or the determination
regarding the amount of the bill for enforcement
within 30 days from the date of the Chronic Nuisance
Reduction Commander's determination by requesting
that an administrative hearing be conducted by a
hearing examiner with the Office of Administrative
Hearings. A premises owner may appeal the issuance
of the citation pursuant to Section 761-5(c) within 30
days from the date citation is issued by requesting an
administrative hearing be conducted by a hearing
examiner with the Office of Administrative Hearings.
The hearing examiner will issue a written determination
on any appeal brought pursuant to Section 761-9
Section 761-14. Eviction or Retaliation Prohibited.
(a)It shall be unlawful for a landlord to terminate
the lease agreement or periodic tenancy of any
tenant without good cause or otherwise retaliate
against any tenant because that tenant
complained to the police or other city official or
employee about nuisance activities on the
landlord’s premises or made calls for service to
the police related to nuisance or criminal
activities on the landlord’s premises. It shall be
unlawful for a landlord or any person acting as
an agent for the landlord to intimidate or
actively discourage a tenant and/or persons
associated with a tenant from calling the police
to report nuisance activity associated with the
property. It shall be presumed that any attempt
to increase charges, reduce services, or to
otherwise harass or retaliate against the tenant
during the 12 month period following receipt of
12
$500.00 shall be imposed for the second and
each subsequent violation of Section 761-10
Sec. 761-11. - Liens.
Bills for enforcement and citations that are not paid
will become liens on the premises to the extent
permitted under applicable law.
ADDED SECTION
Sec. 761-11. - Liens.
Same as original
As no one seems to know what is
actually going on in terms of
enforcement of this ordinance, a
centralized report would be a
mechanism to keep track of it.
the complaint by the chief of police or the
director of building and inspections constitutes
unlawful retaliation under this section.
Such presumption shall be rebutted by the
preponderance of evidence that the actions
taken by the landlord were based upon good
cause. “Good cause” as used in this
subsection means that a landlord must show
good cause for his or her actions, other than
one related to or caused by the operation of
this section. Notwithstanding the foregoing, a
tenant’s lease agreement or periodic tenancy
may be terminated for failure to pay rent;
committing nuisance activity as defined in
Section 761-1-N; committing waste upon the
premises; violating the terms and conditions of
the lease agreement or periodic tenancy; or as
otherwise provided in O.R.C. 5321. A
landlord’s failure to renew a lease agreement
or periodic tenancy upon expiration of such
lease agreement of periodic tenancy shall not
be deemed a violation of this subsection.
(b) Penalty. Any person violating this section
shall be guilty of a misdemeanor of the fourth
degree on the first offense and guilty of a
misdemeanor on the second and subsequent
offense.
Sec. 761-11. - Liens.
Same as original
Section 761-12. Status Reports to City Coucil
(a) The director or his designee shall give a
monthly update on the progress in abating
known nuisance properties before the
public safety committeeor the appropriate
committee of council unless that
committee determines that such report is
not necessary. The monthly update shall
13
Sec. 761-13. - Rules and Regulations.
The city manager shall establish rules and regulations
for the maintenance of information, notification of
violations, calculation of bills for enforcement services,
imposition of fines, determination of when calls for
service are counted for purposes of this ordinance,
The city manager Cincinnati police department shall
establish rules and regulations and policies for the
maintenance of information, notification of violations,
calculation of bills for enforcement services, imposition
of fines, determination of when calls for service are
be a full accounting of chronic nuisance
enforcement actions and progress by
police district for the fifty properties in the
city that have the greatest number of
chronic nuisance calls for service.
The report shall include the following for
the thirty-day period covered by the report:
1. New initial nuisance notification letters
sent in the thirty-day period covered by
the report;
2. Nuisance abatement plans received
that have been deemed acceptable;
3. Subsequent nuisance activities
identified pursuant to Sec. 761-5(a) at
any premises included in the report;
4. Change in status letters sent to
premises;
5. Billing notices and appeals related to
6. Civil citations and appeals related to
7. Decisions on any appeals related to any
premises included in the report. And
8. Any litigation filed by the city seeking
to have a receiver appointed for any
premises determined to be a chronic
nuisance.
(b) The director shall submit a copy of the
monthly chronic nuisance premises status
report to the members of the public safety
committee or the appropriate committee at
least one week prior to the scheduled
committee meeting.
Same as orginal
14
appeals of decisions made, and all other relevant issues
as he or she deems necessary for implementation of
this chapter. The rules and regulations and
amendments thereto shall be published in the City
Bulletin 30 days prior to their effective date.
ADDED SECTION
counted for purposes of this ordinance, appeals of
decisions made, training for police officers and all
other relevant issues as he or she deems necessary for
implementation of this chapter. The rules and
regulations and amendments thereto shall be published
in the City Bulletin 30 days prior to their effective date.
Section 761-15 Severability.
(The provisions of any part of this Chapter are
severable. If any provision or subsection hereof
or the application thereof to any person or
circumstances is held invalid, the other
provisions, subsection, and applications of such
ordinance to other persons or circumstances
shall not be affected thereby. It is declared to be
the intent of this section that the same would
have been adopted had such invalid provisions,
if any, not been included herein.
15

Nuisance or Nuisance Acti

Transcription

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