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(A) Upon a determination by the Police Department that such suspected prohibited conduct is taking place at a particular premises based upon lawfully obtained evidence, including but not limited to, personal knowledge of a police officer, information obtained from a reliable source, evidence obtained pursuant to an arrest, or physical evidence obtained by a search warrant or other lawful means, a written notice shall be sent by the Police department to the owner, as provided herein, of the real property and a copy to the tenant or occupant whose premise is the subject of the investigation revealed suspected prohibited conduct on the real property and the fact that there is an on-going investigation.
(B) The notice shall inform the owner that whenever prohibited conduct occurs in or upon a building, dwelling, establishment, premises or place, the city deems such location to be a disorderly house and a public nuisance.
(C) The notice shall further inform the owner that he or she shall take legal action, within ten days of the date of the letter, to abate such suspected prohibited conduct, which may include, but is not limited to, filing an eviction action.
(D) The notice shall further include a request of the property owner to whom the letter is addressed to specify in writing information concerning the existence of any contract for conditional sale of real estate, commonly known as a land contract, and any other person who has a legal, equitable, or possessory interest in the dwelling or dwelling unit and the pertinent information, including, but not limited to, name, address, and phone number with respect to those individuals.
(E) Any owner or tenant who believes the determination by the Police Department of prohibited conduct on the premises is insufficient to permit an eviction of the tenant or other occupant, may appeal that determination in writing, within ten days of the date of the first notice by filing a mandate action in the city court.
(Ord. 28, 2014, passed 3-2-15; Am. Ord. 7, 2016, passed 5-2-16)
The City of Beech Grove shall provide notice to the owner of the property and the occupants of the property in the manner provided by IC 36-7-9-25. The City of Beech Grove deems the owner of the property and the occupants of the property responsible for any and all prohibited conduct occurring upon the premises after receipt of the notice.
(Ord. 28, 2014, passed 3-2-15)
(A) If the prohibited conduct has not been abated or an eviction action has not been commenced within ten days of the first written notice, a second written notice shall be sent to the owner of the real estate, by certified mail, return receipt requested or such other method as permitted herein, and shall inform the owner that the investigation at the premises is continuing, and that legal proceedings may be commenced pursuant to this subchapter. Such letter shall inform the owner of his or her failure to take some form of remedial action within five days to abate the prohibited conduct, including eviction of those persons conducting the prohibited conduct, will result in legal proceedings against the owner for violation of this subchapter. A copy of the notice shall be sent to the Chief of Police, the City Attorney and the tenant/occupant of the premises.
(B) If the owner of the property fails to take required legal action to abate the prohibited conduct or commence an eviction action within five days of receipt of the second notice, the City of Beech Grove may proceed to collect the fines provided in this subchapter and/or proceed under state law to abate or injoin any suspected prohibited conduct as defined herein constituting a public nuisance as defined under the city code or state law.
(Ord. 28, 2014, passed 3-2-15; Am. Ord. 7, 2016, passed 5-2-16)
No person shall be charged with violation of this subchapter if such person:
(A) Has instituted eviction proceedings within ten days of receipt of notice of alleged prohibited conduct as provided herein, against the tenant or occupant whose suspected prohibited conduct would otherwise give rise to potential liability under this subchapter;
(B) Has proceeded with reasonable diligence in the prosecution of the eviction proceedings;
(C) If any eviction proceedings are not completed within 30 days by reason of court ordered delays in such proceedings, the person charged with a violation of this subchapter must, nonetheless, move forward expeditiously with any such eviction proceeding;
(D) Has initiated an action under IC 32-30-8 et seq. or any other similar eviction law which will cause such prohibited conduct to cease upon the property; or
(E) Has requested the assistance of the Police Department in providing evidence at any evidentiary hearing in an eviction proceeding entered hereunder and the Police Department has either failed or refused to appear or to provide evidence in support of the eviction action.
(Ord. 28, 2014, passed 3-2-15; Am. Ord. 7, 2016, passed 5-2-16)
OTHER OFFENSES
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