§ 90.85 FINDING OF PUBLIC NUISANCE.
   (A)   The City Commission may find that a public nuisance exists if any three or more of the following listed incidents or conditions occur within a nine-month period, as established by evidence presented at the public evidentiary hearing.
      (1)   The real property has been searched by law enforcement officers and an illegal controlled substance has been found on site.
      (2)   The real property has been the site of a nuisance party as defined in the Big Rapids City Code.
      (3)   The real property has been the site of the illegal use, sale, distribution, furnishing or possession of a controlled substance or an alcoholic beverage.
   (B)   A rebuttable presumption that a public nuisance exists at the real property arises when one of the incidents or conditions occurs or exists and notice of it is given by personal service or certified mail to the owner with an explanation of the potential consequences if similar activities occurs at the property within nine months, and if two or more specified incidents or conditions occur or are found to exist within nine months of the first.
   (C)   The nine month period shall be extended by the number of days the real property is ordered padlocked.
(Ord. 483-8-01, passed 8-6-01; Am. Ord. 567-06-06, passed 6-5-06)