A. Record Of Nuisances: The police department or sheriff's department shall keep an accurate village record of all incidents of alleged nuisance activity and the property at which it allegedly occurred.
B. Review Of Complaints: When two (2) or more incidents of alleged nuisance activity have occurred at any given parcel of real property in the village, the mayor or his/her designee shall review the reports of those incidents and shall determine whether there is cause to believe that the alleged nuisance activity occurred and whether there is cause to believe that the nuisance activity occurred at the subject property. There is a one year time limitation on said incidents.
C. Classification As Nuisance Property; Notice: If the mayor or his/her designee finds that there is cause to believe that nuisance activity occurred and that there is cause to believe that it occurred at the subject property, the mayor or his/her designee may then notify the owner that the subject property is in danger of being classified as a chronic nuisance property. The notice shall contain:
1. The street address or legal description of the property.
2. A concise description of the nuisance activity that has occurred at this location.
3. A statement that further reports of nuisance activity occurring at the property shall result in the property being classified as a chronic nuisance property, subject to the regulations and remedies of this article.
4. A statement offering the owner an opportunity to propose a plan of action, to the mayor or his/her designee, that will abate the nuisance activity.
5. A demand that the owner respond to the mayor or his/her designee within ten (10) days to discuss the presence of nuisance activity on the property.
D. Nuisance Condition After Notice: If, after notification is made pursuant to subsection C of this section, another incident of alleged nuisance activity occurs at the subject property, the mayor or his/her designee shall determine whether there is cause to believe that the alleged nuisance activity occurred and whether there is cause to believe that it occurred at that, the subject, property.
E. Determination Of Chronic Nuisance: If the mayor or his/her designee finds that there is cause to believe that nuisance activity (as defined in this section) occurred (in violation of subsection B of this section) and that there is cause to believe that it occurred at the subject property, he shall then determine whether the property is a "chronic nuisance property" as defined by section 8.12.310 of this article.
F. Notice Of Chronic Nuisance: Following a determination that the subject property is a chronic nuisance property, the mayor or his/her designee shall notify the owner in writing that the property has been determined to be a chronic nuisance property. The notice shall contain:
1. The street and address or legal description of the property.
2. A statement that the property is a chronic nuisance property pursuant to the provisions of this article.
3. A concise description of the nuisance activity that supports this determination.
4. A demand that the owner propose a course of action that will abate the nuisance activity giving rise to this notification.
5. A demand that the owner respond to the mayor or his/her designee within ten (10) days.
G. Failure To Remedy; Abatement By Village: If the owner does not respond in ten (10) days as requested by subsection F of this section, the mayor or his/her designee shall request authorization for the village attorney to commence a legal proceeding to abate the nuisance; provided, however, that if, prior to the commencement of the legal proceedings by the village pursuant to this subsection, a person in charge stipulates with the mayor or his/her designee that the person in charge will pursue a course of action that the parties agree will abate the nuisance activity, the mayor or his/her designee may agree to postpone legal proceedings for a period of not less than ten (10) days nor more than thirty (30) days; provided further, however, that if the agreed course of action does not result in the abatement of the nuisance activity, the village is not precluded or stopped from commencing legal proceedings to abate the nuisance activity.
H. Injunctive Relief: Nothing in this section shall prohibit the village from filing an action for injunctive relief against a chronic nuisance property when such property constitutes an immediate threat and danger to the safety, health and welfare of the surrounding neighborhood and residents of the village. (Ord. 2004-O-05 § 3)