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Any owner who does not reside within the residential unit at the time a loud or unruly gathering occurs shall not be liable under this article if such owner has: a) included covenants within the written lease or rental agreement for the premises on which a loud or unruly gathering occurs that contain specific language prohibiting the activities described in this article; and b) demonstrated due diligence in abating an unmanageable tenant(s) or responsible person(s) for a loud or unruly gathering. Prior to September 1, 2019, owner who does not reside within the residential unit and has a written lease or rental agreement dated on or before the effective date of this section for the residential unit on which a loud or unruly gathering has occurred shall only need to demonstrate due diligence in abating an unmanageable tenant(s) or responsible person(s) for a loud or unruly gathering to not be liable under section 5-1-302 of this article. (Ord. 18-O-2756, eff. 8-17-2018)
When a peace officer intervenes (by issuing 1 or more of the orders stated in section 5-1-302 of this article) at a loud or unruly gathering, the responding officer shall issue a written notice to the responsible person(s) stating that such responsible person will be held liable for the costs of providing police personnel over and above the normal services provided by the Police Department to those premises. A first warning shall be deemed to be the normal services provided. If after the issuance of first warning, police personnel are required to respond to address another violation of this article at the same residential unit within one year after issuance of said notice, then the responsible persons shall be jointly and severally liable for the costs of each subsequent police response necessary to abate the condition, as set forth in section 5-1-305 of this article. (Ord. 18-O-2756, eff. 8-17-2018)
A. The responsible person(s), or if such person is a minor, then the parents or legal guardians of the minor, shall be jointly and severally liable for all of the following costs attributable to the loud or unruly gathering:
1. The actual cost incurred by the City beyond the initial response by the City necessary to abate the loud or unruly gathering, including but not limited to police and fire response;
2. Damage to public property;
3. Injuries to City personnel; and
4. Administrative costs incurred by the City in connection with the billing and collection of such costs.
B. The Police Department shall accurately compute the cost to the City of providing such services pursuant to subsection A of this section. The responsible person(s) shall be billed for these costs by the City and payment shall be due and payable within fifteen (15) days of the billing date. Should the amount of the bill not be paid when due, the City may collect the debt, as well as any costs incurred in collecting the debt due to nonpayment, pursuant to any available provision of the law. (Ord. 18-O-2756, eff. 8-17-2018)
The Chief of Police is authorized and directed to prepare appropriate advisory procedures to be followed by officers responding to a loud or unruly gathering, including preparation of written materials advising the responsible person or persons of the provisions of this article. (Ord. 18-O-2756, eff. 8-17-2018)
Any person receiving an administrative fine or a bill for City services provided pursuant to this article may file a written request for appeal pursuant to the provisions provided in title 1, chapter 3, article 3, "Administrative Penalties", of this Code. (Ord. 18-O-2756, eff. 8-17-2018)