(a) The City Commission may find that a public nuisance exists if the following conditions are established by the evidence presented at the public hearing:
(1) The property has been lawfully searched by a law enforcement agency and illegal controlled substances or illegal drug paraphernalia have been found upon the property, or the property has been the location of a violation of the Michigan Controlled Substances Law, the Michigan Drug Paraphernalia Law or Chapter 620 of this General Offenses Code, as evidenced by a conviction of an individual for a violation of any such law at that location;
(2) A written notice, informing the owner that illegal controlled substances or illegal drug paraphernalia have been found by a law enforcement agency at the property or that a drug-related or drug paraphernalia-related crime has been committed on the property, and of the potential consequences, under this chapter, if further similar activity as described in this section occurs at the property, has been personally served on the owner, or has been sent by first class mail, with sufficient postage affixed, to the owner, and has not been returned as undeliverable, or has been sent by certified mail to the owner and a return receipt card has been received by the City; and
(3) Either the same property is lawfully searched by a law enforcement agency again within 182 days from the date of the first search, and illegal controlled substances or illegal drug paraphernalia are found by the law enforcement agency, or a subsequent violation of the Michigan Controlled Substance Law, the Michigan Drug Paraphernalia Law or Chapter 620 of this General Offenses Code occurs within 182 days.
(b) The notice to the owner required by this section shall contain a report of the nature of the violation of the law found, the nature of the drugs or drug paraphernalia seized, the individuals involved, and, with reasonable specificity, the location of the contraband or illegal act.
(c) Proof of knowledge of the existence of the public nuisance on the part of the owner is not required.
(Ord. 20-97. Passed 10-21-97.)