A. Legal Proceedings: The SECURE Task Force may request the City Attorney to commence legal proceedings in the District Court to abate the nuisance activity and/or to seek closure of the property, the imposition of civil penalties against the property owner, and any other remedies allowed by law, including costs and attorney fees.
B. Order Of Court: If the court finds by a preponderance of the evidence that the property is nuisance property, the court may order the property to be closed and secured against all unauthorized access, use and occupancy for a period of time which the court deems appropriate in its discretion. The order shall be part of the final judgment with the court retaining jurisdiction over the matter during the period of closure.
C. Civil Penalty For Abatement Costs: If the court finds by a preponderance of the evidence that the property is nuisance property, the court may order a civil penalty of the costs incurred by the City to abate the nuisance activities. The civil penalty shall be assessed against the property owner and shall be included in the civil judgment entered against the property owner.
D. Property Owner Unaware Of Nuisance: If the court finds that the property owner could not at all material times have determined that the property had become nuisance property after exercising reasonable care and diligence, the court shall not award civil penalties against the property owner, nor order closure of the property. (1952 Code § 8-18-04)