What is Use Nuisance?
Dayton's Use Nuisance Abatement Program is a legal process by which a structure can be declared a nuisance by virtue of evidence of certain illegal activity.
The illegal activity consists of crimes in the following categories:
- Drugs
- Gambling
- Illegal Liquor Sales
- Prostitution
A property can be referred into the Use Nuisance Abatement Program only by the Police, who serve legal notice on the residents or occupants of a structure upon discovery of illegal activity. The owner of the property is served with a legal notice by certified mail. An appeal may be filed by anyone served with such notice within 15 calendar days. Once an appeal is filed, a hearing is scheduled within 30 days.
If you're seeking information on whether or not a property is nuisance abated, please contact Housing Inspection
via email or at (937) 333-3977.
Dayton’s Use Nuisance Abatement Program is predicated on two established RCGO ordinances, both of which have been upheld in the Montgomery County (OH) Common Pleas Court:
Sec. 152.12. - Illegal occupancy of a public nuisance.
(Ord. 28336, passed 7-24-91)
Sec. 152.12.1. - Unauthorized entry upon nuisance premises.
(Ord. 28336, passed 7-24-91)