Dayton Daily News

City may boost power to declare nuisances

West Carrollton wants to create new rules for property maintenanc­e.

- By Nick Blizzard Staff Writer

Bolstering its powers to declare properties such as dilapidate­d RVs a public nuisance is part of a planned major overhaul to West Carrollton’s code.

The city is proposing to create a new section for property maintenanc­e aimed at nuisance issues, including expanding its authority involving human traffickin­g, drug offenses and liquor law violations, records show.

The Ohio Revised Code allows West Carrollton to “declare properties nuisances” involving those issues, said Carl Enterman, the city’s chief enforcemen­t officer.

The most significan­t changes in the 18-page proposal are “more on the police side,” he said.

Among the enforcemen­t duties the code official outlined in the proposal:

■ issuing notices and orders; ■ abating a nuisance upon failure of the nuisance being abated by the violator;

■ ensuring a nuisance structure is vacated once it has that designatio­n.

■ and providing due process for the offending party.

Kettering, Riverside and Trotwood are among the area

communitie­s adopting similar legislatio­n, West Carrollton records show.

If the plan is approved, it would allow the city to take action involving properties where there are patterns of illegal activities involving human traffickin­g, drug offenses and liquor laws, Enterman said.

“Then we can declare it a public nuisance and shut the place down,” he said, noting that such a move would involve due process and court action.

Penalties would vary. They could include covering the city’s cost to bring the property into compliance plus a $183 administra­tion fee, records show.

If legal action is taken, the offender would be given a penalty decided by the court, Enterman said.

West Carrollton currently addresses nuisance properties related to “fire, unsafe occupancy and vacancy,” according to city records.

Human traffickin­g, drug offenses and liquor violations are cited “very rarely” in the city, Enterman said.

The most common violations involve rubbish, trash and junk vehicles.

The proposal’s requiremen­t on junk vehicles has been expanded to recreation­al vehicles, which would include campers, utility trailers, boats and jet skis, he said.

RVs on a front, paved driveway cannot be more than 19 feet long, eight feet high or eight and a half feet wide, according to Enterman.

Under current code, if they do not meet those requiremen­ts, and have flat tires, expired license plates and are heavily rusted out, “we haven’t been able to deal a whole lot with that. But with the new wording, we would be able to treat that just like an inoperable car,” Enterman said.

The plan must be reviewed by the city’s board of zoning appeals and planning commission, City Manager Brad Townsend said. West Carrollton City Council may vote on it before the end of the year.

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