(a) If the City Commission determines by a preponderance of the evidence that a property is a public nuisance, it may, by resolution, in addition to any other remedies available to the City at law or in equity, order abatement of the nuisance as follows:
(1) Order all or that portion of the property determined to be a public nuisance vacated, declare that occupancy of all or such proportion of the property is prohibited and authorize the City Manager, or his or her designee, to prohibit the occupancy of such property by padlocking, boarding-up or otherwise securing all or that portion of the property determined to be a public nuisance for a period of up to one year, as the City Commission shall determine based upon the evidence before it.
(2) Determine that the owner shall be liable for the full cost of any material and personnel, including City employees or contractors, involved in the padlocking, boarding-up or securing of the property in the first instance, and the full cost of any personnel and material involved in any subsequent or remedial padlocking, boarding-up or securing of the property.
(3) Determine that the costs incurred, as provided in paragraph (a)(2) hereof, shall be a personal debt of the owner or assess those costs against the property as a lien as provided for in Section 216.13 of the Administration Code.
(b) Where only a specific and limited area under the control of a person or persons other than the owner is involved in the illegal activity, the City Commission shall not order that any portion of the property, other than the portion used for the illegal activity, be vacated. It is the intent of this subsection to protect those truly and completely innocent of any participation in the act and those not having any notice of, or direct or imputed knowledge of, the illegal acts, from being deprived of the use of their property. By way of example and not limitation, if only a single apartment in a multiple-unit dwelling is used for illegal purposes, as provided in this chapter, the City Commission may vacate only the apartment unit used for the illegal purposes and shall not vacate the entire building.
(Ord. 20-97. Passed 10-21-97.)