(a) Whenever the repeated illegal use, sale, furnishing, giving or possession of controlled substances or drug paraphernalia, repeated violations of controlled substance or drug paraphernalia laws, or repeated acts of prostitution, illegal gambling or unlawful sale or furnishing of alcoholic beverages, occurs on any property, the City Commission may declare, by resolution, that the property is a public nuisance and order that the nuisance be abated as provided in this chapter. Such declaration may occur only after there has been notice given to the owner of the property, and the owner has had an opportunity to be heard at a public hearing before the City Commission.
(b) Notice of the public hearing shall be given to the owner and shall consist of either personal service or the mailing of two letters, one sent by first class mail with sufficient postage affixed, and the other by certified mail, return receipt requested, to the owner of record as indicated by the City Assessor's records, records of the Register of Deeds of Calhoun County or records of the City's Building Inspection Department, and posting a notice of the hearing at the property affected. Compliance with this section shall be deemed notice to the owner. The notice shall state the nature of the alleged nuisance and the time, date and location of the hearing. Such notice to an owner shall occur at least fourteen calendar days prior to the date of the public hearing.
(c) The City Commission, acting in a quasi-judicial capacity, shall make a determination as to whether a public nuisance exists under the standards established by this chapter. The City Commission shall make this determination based solely upon the evidence presented at a public hearing. In conducting the public hearing, the City Commission shall afford the owner and others an opportunity to present relevant and material evidence and to make arguments as to factual or legal issues. Cross-examination of opposing witnesses shall be permitted. The owner may appear in person or be represented by an attorney. Lay representation is not permitted. In conducting its public hearing, the City Commission shall not be bound by the rules of evidence, but may admit and give weight to probative evidence of a nature that is commonly relied upon by a reasonably prudent individual in the conduct of his or her affairs. Irrelevant, incompetent and immaterial evidence and unduly repetitious evidence shall be excluded. Effect shall be given to the rules of privilege recognized by law. Objections to offers of evidence may be made and noted on the record. Evidence may be comprised of sworn testimony, exhibits and affidavits that comply with the requirements of the Michigan Court Rules.
(Ord. 20-97. Passed 10-21-97.)