(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 the location of an act of prostitution as evidenced by the conviction of an individual for engaging in an act of prostitution at the location, an act of illegal gambling as proven by the conviction of an individual for engaging in an act of illegal gambling at the location, or the unlawful sale, furnishing or receipt of alcoholic beverages as proven by the conviction of an individual for engaging in the unlawful sale, furnishing or receipt of alcoholic beverages at the location;
(2) A written notice, informing the owner that an act of prostitution, an act of illegal gambling, or the unlawful sale, furnishing or receipt of alcoholic beverages, has occurred 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 upon the owner, 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) The same property is again proven to be the location of an act of prostitution, an act of illegal gambling, or the unlawful sale, furnishing or receipt of alcoholic beverages, within 182 days of the date of another offense described in this section, by the conviction of an individual for engaging in an act of prostitution, an act of illegal gambling, or violation of the Michigan Liquor Control Act at that location.
(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 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.)