(A) If an owner (or legal tenant) reports an illegal activity that leads to a criminal citation or court-ordered search warrant, such citation or warrant shall not be considered a criminal nuisance violation for purposes of this subchapter.
(B) If an owner (or the legal tenant) is the victim of a crime what would otherwise be considered a criminal activity nuisance or criminal nuisance violation, that particular crime shall be excluded for purposes of determining criminal activity nuisance and any violation under § 95.36(A) above.
(C) Eviction of offenders.
(1) If an owner institutes an eviction proceeding against the offending tenant or occupant(s) within thirty (30) days of a qualifying criminal activity nuisance or criminal nuisance violation(s) and that owner completes the eviction within sixty (60) days of commencement or as soon thereafter as court procedures allow, that particular crime shall be excluded for purposes of determining criminal activity nuisance and any violation under § 95.36(A) above. In the event that judicial or quasi-judicial proceedings prohibit an owner from proceeding with an eviction, abatement of the criminal activity nuisance or criminal nuisance violation(s) will be stayed until the judicial or quasi judicial proceeding is resolved.
(2) In the case of a criminal activity nuisance or criminal nuisance violation(s) at a property that contains a multi-unit dwelling or multi-tenant building, the only parties necessary to name in an eviction proceeding hereunder are the occupants of the actual unit involved with the criminal nuisance violation, or the occupants suspected of the criminal nuisance violation described in the notice.
(Ord. 2012-05-01, passed 6-13-12)