(A) When the Code Enforcement Officer, or his or her designee(s), receives information documenting the existence of activities which qualify as nuisance activities: (1) the Code Enforcement Officer or Police Chief, or their designee(s), shall independently review the information to determine whether a chronic nuisance property, as defined herein in § 95.20, is established by the information; and (2) upon such determination, the Code Enforcement Officer or Police Chief, or their designers), shall issue a notice of violation to the person responsible for such property, in writing, that the property is in danger of being declared a chronic nuisance property.
(B) The notice shall contain the following information:
(1) The street address or a legal description sufficient for identification of the property;
(2) A concise statement that the property has been determined to be a chronic nuisance property with a description of the nuisance activities leading to the determination;
(3) A demand that the person responsible for such property respond to the notice within ten (10) days of service of the notice by describing the actions the person intends to take to abate the nuisance activities (an abatement plan), or indicating good cause as to why the responsible person cannot abate the nuisance activities;
(4) Advising that an abatement plan must be reached with the Code Enforcement Officer or his or her designee within thirty (30) days from the date of the notice of determination or chronic nuisance property;
(5) That if the nuisance activities are not abated or good cause for failure to abate is not shown, a citation may be issued;
(6) That permitting the existence of a chronic nuisance property is a violation of this subchapter;
(7) That the above remedies are in addition to those otherwise provided by law; and
(8) A statement describing that the property could be subject to closure and civil penalties and/or costs assessed up to two hundred dollars ($200.00) per day if the property is declared a chronic nuisance property.
(C) The notice may be delivered in person or sent registered mail with return receipt requested. The notice may be delivered to the property itself, or to the mailing address of the owner of the property as listed on city tax roll or to any other address that is likely to give the person responsible notice of the determination and notice of violation. Failure of the person to receive the notice shall not invalidate or otherwise alter the proceedings under this subchapter.
(D) Failure to respond, failure to abate the nuisance activities, or failure to propose an abatement plan shall be prima facie evidence of lack of cooperativeness of the person responsible. Failure to implement or comply with any abatement plan shall be prima facie evidence of an absence of good faith in mitigating or connecting the chronic nuisance violation.
(E) The Code Enforcement Officer or his or her designee may issue a citation if: (1) the responsible person fails to respond within ten (10) days from the date of notice of violation and chronic nuisance property determination; or (2) no agreeable written abatement plan is reached within thirty (30) days from the notice of violation and determination of chronic nuisance property by the Code Enforcement Officer or his or her designee and the responsible person fails to establish one of the affirmative defenses provided in § 95.20, Nuisance Activity or Activities, subsection (3), divisions (G), (H) or (I) of this section; or (3) the responsible person fails to abate the nuisance activities from the property as required by the agreed abatement plan; or (4) the responsible person fails to comply with all conditions of the written abatement plan for a period of one (1) year.
(F) A timely response and statement from a responsible person does not constitute an admission that any nuisance activities have occurred or are occurring but may be used as evidence and considered by any trier of fact for any purpose.
(G) Landlord's affirmative defense. A residential landlord has an affirmative defense to a violation under this subchapter if they establish by a preponderance of the evidence that the basis for the charge is the actions or omissions of a tenant(s) and the residential landlord establishes the following:
(H) That the residential landlord, upon written notice by the city that a nuisance activity has occurred on the property within the prior three hundred sixty-five (365) days, commences an eviction action against the tenant whose action or omission forms the basis of the charge, and diligently prosecutes that action to completion, irrespective of any ultimate ruling by a court on the merits of the action.
(I) Good cause affirmative defense. Any person charged under this subchapter has an affirmative defense to a violation under this subchapter if they establish by a preponderance of the evidence that;
(1) The responsible person has taken all actions to deter and prevent the nuisance activity that formed the basis of the violation;
(2) The nuisance activity that forms the basis of the citation was not the result of the actions or omissions of the responsible person, their authorized guests, tenants or any other person residing in their household; and
(3) The nuisance activity that forms the basis of the citation was not suffered, permitted or tolerated by the responsible person.
(Ord. 2012-11-01, passed 12-12-12) Penalty, see § 95.99