(A) Automatic eviction of a tenant. Upon becoming aware of a crime enumerated in this section and the Police Department's knowledge, based upon a preponderance of the evidence (which may include a review of the facts forming the basis of the citations, probably cause affidavits, police reports, witness statements, and other relevant documentation), that such criminal act or parole violation was committed by a tenant, the Police Department shall serve an eviction filing order to the owner or property agent if a tenant is arrested and charged with or is subsequently in violation of parole for any of the following crimes as defined within the Indiana Code:
(1) Murder;
(2) Rape;
(3) Child molestation;
(4) Prostitution occurring in the tenant's neighborhood;
(5) Sale, cultivation, or possession of illegal drugs or the sale of controlled substances, with the exception of the possession of marijuana, in the tenant's neighborhood;
(6) Stalking related to a neighbor;
(7) Manufacturing of methamphetamines in the tenant's neighborhood;
(8) Arson;
(9) Robbery;
(10) Burglary;
(11) Sexual crimes as defined in I.C. 35-42-4-1 through 35-42-4-13, as may be amended from time to time;
(12) Any violation of § 97.12;
(13) Any attempt to commit and/or conspiracy to commit any of the above activities, behaviors or conduct.
(B) Issuing notice. The Police Department shall serve written notice to the tenant responsible and the owner or property agent within 10 calendar days of the arrest or filing of a petition for revocation of parole. The property agent or owner shall initiate eviction proceedings within 10 calendar days of receiving the eviction filing order. If the tenant is one of multiple tenants on a single lease, the owner or property agent may, at its discretion, contract with the remaining tenants so long as the offending tenant is excluded from the revised lease. The owner or property agent does not waive any rights it may have under the original lease.
(Ord. 2016-01, passed 2-15-2016; Am. Ord. 2016-06, passed 6-6-2016)