§ 12.15  NUISANCE SERVICE CALL FEE.
   (a)    . Where the City Manager, or the Manager’s designee, determines that a specific or building is being operated in violation of Article II of Chapter 12 of this Code, or have been dispatched to on a as defined in § 12.01.01, the City Manager, or the Manager’s designee, may issue a written to the owner of the , and may provide a copy thereof to any other . The may be served upon the owner of the by regular mail, to the address determined by the most recent property tax records maintained by the county for the . The service of a , as provided herein, shall be prima facie evidence that an owner has knowledge of the events listed in the and has permitted subsequent conduct or behavior at the .
   (b)   Contents of the notice. The shall:
      (1)   Identify the type and specific location of (s), including tenant or lessee names where known or applicable;
      (2)   Summarize the evidence of the public nuisance occurring on the ;
      (3)   Provide the dates on which the were made and the dates of any prior responses by to of nuisance conduct on the ; and
      (4)   Warn the owner, and any occupant or person(s) in control of the and known to the city that future may subject them jointly and severally to a fee in the amount of $250 or more, up to $2,000, based upon the actual cost of the law enforcement response.
   (c)    . Where the City Manager or Manager’s designee determines that have been dispatched to two or more , as defined in either Article II of Chapter 12 or § 12.01.01 and counted pursuant to the definitions of “ ” and “ ,” to the same within a 365-day period, he or she shall cause a written to issue to the owner of the , and may provide a copy thereof to any . The may be served upon the owner of the by regular mail, to the address determined by the most recent property tax records maintained by the county for the . The service of an , as provided herein, shall be prima facie evidence that an owner served has knowledge of and has permitted subsequent conduct or behavior at the .
   (d)   Contents of the . The shall:
      (1)   Identify the type and specific location of , including tenant or lessee names, where known or applicable;
      (2)   Summarize the evidence of the nuisance occurring on the ;
      (3)   Provide the dates on which the were made and the dates of any prior responses by to nuisance on the ; and
      (4)   Warn the owner and any occupant or person(s) in control of the and known to the city that future will subject them jointly and severally to a fee in the amount of $250 or more, based upon the actual cost of the law enforcement response, up to $2,000, for each separate call. The costs of providing the excess law enforcement services shall include, without limitation, the gross salaries, including all fringes, benefits and overhead paid to the responding, the pro rata cost of all equipment, including vehicles and K-9 officers, and the cost of repairs to any city equipment or property damaged in responding to the . The civil penalty will issue in the manner set forth in Article II of Chapter 1 of this city code and if left unpaid will be charged against the and collected in the manner of a tax; and
      (5)   Advise the owner and any occupant or person(s) in control of the and known to the city that subsequent conduct in violation of this section of city code may also subject them jointly and severally to criminal charges punishable by up to a $1,000 fine and 90 days in jail for each separate violation.
   (e)   Imposition of fee. owners, any occupant or other person(s) having control over a and known to the city shall be jointly and severally responsible for nuisance occurring thereon and individually responsible for payment of any fee issued to that party hereunder. Where an or fee was served as set forth in subsections (c) or (e) hereof each successive within the same 365-day period shall result in an administrative citation to that party in the manner set forth in Article II of Chapter 1 of this city code in the amount of $250 or more based upon the actual cost of the law enforcement response, up to $2,000 for each separate call. The costs of providing the excess law enforcement services shall include without limitation the gross salaries, including all fringes, benefits and overhead paid to the responding, the pro rata cost of all equipment, including vehicles and K-9 officers, and the cost of repairs to any city equipment or damaged in responding to the .
   (f)   Affirmative defenses. It shall constitute an affirmative defense to the issuance of an excessive fee by administrative citation that the owner has done one or more of the following, which has resulted in the complete absence of at the for a six-month period following the action:
      (1)   Commenced eviction proceedings against the tenant or tenants responsible for the nuisance conduct, conditions or characteristics;
      (2)   Issued a trespass notice pursuant to city code § 12.10 to a tenant’s guest or other visitor to the who is responsible for the nuisance conduct or conditions and has taken reasonable steps to actively enforce the trespass;
      (3)   Executed and compiled with a memorandum of understanding with the city that addresses the underlying causes for the nuisance conduct, conditions or characteristics; or
      (4)   Successfully participated in conflict resolution through a city approved mediation service with the complaining parties or party, where all parties agree to mediation.
   (g)   Appeal. Any party issued an excessive fee by administrative citation may appeal the citation by filing a written request for a hearing with the City Attorney’s office within ten calendar days of the issuance of the citation. A hearing shall be held within 45 calendar days thereof following the procedures set forth in § 1.17 of this city code.
(1958 Code, § 183.01)  (Ord. 17, passed 9-1-1953; recodified by Ord. 98-53, passed 11-16-1998; amended by Ord. 2006-13, passed 4-17-2006; Ord. 2008-15, passed 5-5-2008; Ord. 2009-21, passed 7-20-2009; Ord. 2011-16, passed 8-1-2011; Ord. 2013-6, passed 3-18-2013; Ord. 2016-24, passed 10-24-2016)