A. Notice Of Nuisance Property: Upon the receipt of a police report describing activities that are nuisance activities on a property, the Chief of Police may begin formal proceedings. If formal proceedings are deemed appropriate, the proceedings shall be begun by:
1. Notifying the property owner and the property manager, if known, that the property is in danger of being declared a nuisance property. The notice shall contain the following information:
a. The street address or physical description sufficient to describe the property location.
b. A statement that a nuisance activity has taken place on the property with a description of the events that have occurred on the property. The notification shall include educational material and referral information to assist in the abatement of the nuisance activity.
B. Second Report: Upon the receipt of a second police report describing activities that are nuisance activities on the same property within a one hundred eighty (180) day period, the Chief of Police will continue formal proceedings by:
1. Notifying the property owner and the property manager, if known; and if known from official public records, the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located, that the property is in danger of being declared a nuisance property. Service of the notice upon the owner shall be by delivering a copy of the notice to the individual personally or by leaving a copy thereof at the individual's dwelling house or usual place of abode with some person over the age of eighteen (18) years then residing therein or by delivering a copy of the notice to an agent authorized by appointment or by law to receive service of process. Where reasonable efforts to effect personal service have been unsuccessful, service shall be by registered or certified mail to the last known address of the person to be notified and if no returned receipt, by publication once a week for three (3) successive weeks in a newspaper or newspapers most likely to give notice to the person to be served. The notice shall contain the following information:
a. The street address or physical description sufficient to describe the property location.
b. A statement that the property is being considered for declaration as nuisance property with a description of the events that have occurred on the property.
c. A requirement that the property owner provide a plan of action, approved by the Chief of Police, to abate the nuisance activities.
C. Abatement Upon Failure To Comply; Appeal: The Chief of Police shall begin abatement proceedings if no written response is received from the property owner within fifteen (15) working days from the date of service or receipt of the notice, or the plan of action agreed upon between the property owner and the Chief of Police has not been completed within a thirty (30) working day period following the agreement and any applicable extensions.
1. If the Chief of Police and the property owner, or property manager, are unable to reach an agreement on an appropriate plan of action, the Chief of Police shall mail, by certified mail, return receipt requested, to the property owner and property manager, if any, the requirements which must be satisfied to prevent the property from being declared nuisance property. Any property owner, or property manager, aggrieved by any decision rendered by the Chief of Police pursuant to this chapter may appeal such decision to the City Council. Such appeal shall be in writing, describing the decision and the grounds for the appeal, and shall be filed with the City Clerk within ten (10) days after the receipt of the requirements from the Chief of Police. The matter shall be heard before the City Council within thirty (30) days of the filing of the appeal. No fee shall be assessed for the filing of this appeal. The City Council shall have the power to approve, revise or amend the decision of the Chief of Police and the decision of the City Council shall be final.
2. The Chief of Police shall refer the matter to the SECURE Task Force. The SECURE Task Force shall not refer the matter to the City Attorney if the owner is cooperating with the Chief of Police and the SECURE Task Force. If the SECURE Task Force agrees that forced abatement is appropriate, it shall refer the matter to the City Attorney for consideration of proceeding with the abatement of the nuisance property.
D. Notification Procedure: Unless otherwise specified, all notifications shall be made by certified mail return receipt requested at the last known address as listed on the tax rolls of Ada County, or for corporate entities, the registered agent as listed with the Secretary of State.
E. Statements Not Admission: Statements made by the owner in providing a plan of action to abate the nuisance activities shall not constitute an admission that any nuisance activities have occurred or are occurring. This subsection does not require the exclusion of any other evidence which may otherwise be admissible or offered for any other purpose. (1952 Code § 8-18-02)