(A) Definitions. For the purposes of this section, the definitions are as set forth herein, or if not established herein, then as defined in § 92.01 of this chapter.
CRIMINAL ACTIVITY NUISANCE. Any building or premises where law enforcement officers have, on more than one occasion in the preceding 12-month period, cited or arrested persons for crimes involving prostitution, controlled substances, disorderly conduct or gambling, or have executed court-issued search warrants for crimes involving prostitution, controlled substances, disorderly conduct or gambling.
CRIMINAL NUISANCE VIOLATION. A criminal citation, arrest or court-issued search warrant for crimes involving prostitution, controlled substances, alcohol, disorderly conduct or gambling.
(B) Unlawful use of property. No owner of residential, commercial or vacant property located in the city shall allow his or her property to be used as the site for any criminal activity nuisance after having received notice pursuant to this code that the property has been used for the commission of a criminal activity nuisance. A legal or equitable owner of such property is deemed to have knowledge of such activity upon receipt of the notice as set forth in this code of ordinances.
(C) Destroying orders or notices. No person or owner shall destroy, remove or deface any order or notice posted by any Code Enforcement Officer or other officer of the city.
(D) Disobeying orders. No person or owner shall disobey any order issued by any Code Enforcement Officer, or other officer of the city, or use or occupy or permit any other person to use or occupy any premises ordered closed by the Building Inspector, the Code Enforcement Board, a Code Enforcement Officer or other city officer.
(E) Duty of Police Department; duty of city. The Police Department utilized by the city shall, as soon as possible but not less than every 30 days after criminally citing or arresting persons or executing court-issued search warrants for crimes involving prostitution, controlled substances, alcohol, disorderly conduct or gambling, notify the Mayor in writing of the specific violation investigated, the address of the property on or in which the violations occurred, and the circumstances of the violation. It shall be the responsibility of the Mayor to pass such information along to the Code Enforcement Department. After the police notify the Mayor of a criminal nuisance violation at a property for the first time, the Code Enforcement Department shall notify the owner of the property of such Violation by regular U.S. mail at the last known address of record for such property owner. If no address is noted, mailing the notice of such violation by regular U.S. mail to the property address, addressed to the last known owner of record shall be sufficient.
(F) Notice of criminal activity nuisance.
(1) Whenever the Code Enforcement Department receives information of a second or subsequent criminal activity nuisance occurring in or upon residential, commercial or vacant property, in other words, a second criminal nuisance violation has occurred at the property, it shall notify the owner that the property is a criminal activity nuisance and that the nuisance must be abated. If a property owner, or his or her tenant reports an illegal activity that leads to a criminal citation or court-ordered search warrant, such citation or warrant will not be considered a criminal nuisance violation for purposes of this section.
(2) The notice required by this section shall be mailed by certified mail, return receipt requested. If certified mail is not accepted or received by the property owner, notice may be served by personal delivery upon the owner. If the whereabouts of the property owner is unknown and it cannot be ascertained by a Code Enforcement Officer in the exercise of reasonable diligence, or if the whereabouts of the owner is known and he or she refuses to accept personal service or the certified letter mailed to him or her, then the Code Enforcement Officer shall make an affidavit to that effect, and thereafter, the Officer may serve the notice by posting a copy of it in a conspicuous place on the premises, by sending a copy of the notice by regular U.S. mail to the property owner’s last known mailing address, by newspaper publication, pursuant to KRS Chapter 424, and by recording the notice in the County Clerk’s office.
(G) Abatement.
(1) Should the criminal activity nuisance not be abated at the time stated in the notice, or by any extension granted by the city or its agencies, the Chief Code Enforcement Officer or Mayor shall be authorized at any time thereafter to issue an order closing and vacating the premises, or portions thereof, to the extent necessary to abate the criminal activity nuisance. Such closing and vacating shall be for such period as the Chief Code Enforcement Officer or Mayor reasonably may direct, but in no event shall the closing and vacating be for a period of more than one year from the date of the closing. A close and vacate order issued by the Chief Code Enforcement Officer or Mayor pursuant to this section is not an act of possession, ownership or control by the city or its officers and/or agents. A close and vacate order may be rescinded within 14 days after the criminal activity nuisance is abated unless such premises are the site of repeated close and vacate orders.
(2) If the premises consist of multi-unit dwellings or mixed uses and the criminal activity nuisance has occurred solely within a particular unit or particular units, the authority to close and vacate is restricted to the particular unit or particular units in which the criminal activity nuisance has occurred, and does not extend to any other unit or units within the premises.
(3) Upon the issuance of any order provided for in this section, a copy of the order shall be served upon the owner of the property in the same manner as proscribed in division (F) above, and a copy shall be conspicuously posted on the property.
(4) If any person, or owner fails to comply with an order to close and vacate issued pursuant to this section, the city may take any or all of the following actions in order to gain compliance with its order:
(a) Prohibit the furnishing of utility service, including, but not limited to, gas, electric, water, and heating oil, to the premises hy any public utility holding a franchise to use the streets and public ways of the city; and
(b) Revoke the certificate of occupancy of the premises or the occupational license of a business; and
(c) Use any other legal remedy available under the laws of the commonwealth.
(5) Pursuant to the provisions of KRS 65.8840(8) - (10), the city shall possess a lien against the property for all fines, penalties, charges and fees imposed and for the reasonable value of labor and materials used to abate the public nuisance. This lien shall be superior to and have priority over all other subsequent liens upon the property, except taxes and may be enforced by judicial proceeding.
(H) Eviction as a defense.
(1) After an owner has been provided notice in accordance with the provisions of this section of such violation, it shall be a defense of the owner to a violation of this section if the owner has instituted an eviction proceeding within 30 days against the offending tenant or occupants of the offending premises, and the owner completes that eviction within 45 days of commencement. In the event that judicial or quasi-judicial proceedings prohibit an owner from proceeding with an eviction, abatement of the public nuisance by eviction will be stayed until the judicial or quasi-judicial proceeding is resolved.
(2) In the case of multi-unit dwellings, the only parties necessary to name in an eviction proceeding are the occupants of the actual unit or units involved with the activity suspected, or the occupants suspected of the activity described in the notice.
(I) Other relief from order. Should the property owner request relief from the close and vacate order, other than as provided within this section, such property owner may request a hearing before the Code Enforcement Board. The property owner may appear in person or in person represented by counsel. In any event such property owner shall be present at such hearing, and prepared to testify. At such hearing, all parties to testify shall be sworn before the Board. The Board shall hear evidence first from the property owner as to why the Board should vacate or suspend the provisions of the order to close and vacate the property. The burden of proof shall be upon the property owner to show by clear and convincing evidence that the criminal activity nuisance has been abated and will not be maintained or permitted in any unit of the premises. Upon such proof being presented to the Board and the Board finding that such proof has met the standard of clear and convincing evidence, the Board shall vacate or suspend the provisions of the order to close and vacate the property.
(J) Abatement actions not in violation of law. Actions taken by an owner to abate a criminal activity nuisance shall not be deemed to be violations of fair housing or landlord-tenant laws.
(K) Other remedies available. Enforcement of this section does not impair or restrict the ability of the city to bring a separate action to revoke the occupational license of a landlord or business who allows a criminal activity nuisance to exist on the landlord’s property or to bring an action before the Code Enforcement Board for the imposition of civil fines, as set forth herein. No civil fines will be assessed by the Code Enforcement Board until after notice is sent pursuant to division (F) above or if an eviction proceeding has been instituted pursuant to division (H) above.
(1997 Code, § 92.11) (Ord. 6-2-08, passed 7-2-2008; Ord. 4-1-11, passed 5-4-2011)