§ 141.03  DECLARATION OF CHRONIC NUISANCE PROPERTY; ACTION PLAN.
   (A)   Declaration of Chronic Nuisance Property. If a pattern of nuisance activity exists upon real property, the City may declare the property to be a chronic nuisance. The City must send notice to the property owner by certified mail, return receipt requested, and by first class mail to the address listed on the ad valorem tax roll. Notice must also be posted at the property where the nuisance activities occurred. The declaration of chronic nuisance property must contain at least the following information:
      (1)   A reference to this chapter, Chronic Nuisance Property Code;
      (2)   The address and parcel identification number of the property;
      (3)   The dates the nuisance activities occurred at the property;
      (4)   A description of the nuisance activities;
      (5)   A statement that the property owner is required to provide the City with a written action plan outlining the specific measures that the property owner will take to curtail or eliminate the reoccurrence of nuisance activities on the property;
      (6)   A statement that the action plan must be provided to the City no later than 15 days from the date of the declaration of chronic nuisance property;
      (7)   A statement that failure to provide the City with a timely written action plan will result in a violation of this chapter and the entry of a chronic nuisance service order by a City Administrative Adjudication Hearing Officer;
      (8)   A statement that the costs of any chronic nuisance services provided by the City to a property that has been declared to be a chronic nuisance will be charged to the property owner and be a lien on the real property.
   (B)   Development of Action Plan. The property owner must provide the City with a written action plan outlining the specific measures that the owner will take to curtail or eliminate the re-occurrence of nuisance activities at the property. The property owner must provide the action plan to the City no later than 15 days from the date of the declaration of chronic nuisance property. Failure to provide the City with a timely action plan constitutes a violation of this chapter.
   (C)   Adequacy and implementation of Action Plan. If the City determines that the action plan is adequate to curtail or eliminate the re-occurrence of nuisance activities on the property, the City will notify the property owner by sending its determination by certified mail, return receipt requested, and first class mail. The City will establish a reasonable time period, not exceeding 45 days from the date that the action plan is determined to be adequate, for the property owner to implement the action plan. Failure to implement the action plan within the time period established by the City constitutes a violation of this chapter. If the property owner completes the action plan within the time period established by the City and the City issues a notice of completion, the declaration of chronic nuisance property will be closed and no further action would be required, except if the nuisance activity re-occurs whereupon the City could require that the property owner revise the action plan.
   (D)   Revision of Inadequate Action Plan. If the City determines that the action plan is not adequate to curtail or eliminate the re-occurrence of the nuisance activities on the property, the City may require the property owner to revise the action plan and the City will notify the property owner by sending its determination by certified mail, return receipt requested, and first class mail. The property owner must provide a revised action plan to the City no later than 10 days from the date that the action plan is determined to be inadequate. Failure to revise the action plan or to provide the City with a timely revised action plan constitutes a violation of this chapter. The provision of an inadequate action plan on 3 consecutive occasions constitutes a violation of this chapter and may result in the entry of a chronic nuisance service order against the property.
   (E)   Factors determining adequacy of action plan. Factors to be considered in determining the adequacy of an action plan may include, but are not limited to:
      (1)   Commencement of an eviction action to remove from the property those individuals engaged in the nuisance activity;
      (2)   Implementation of crime prevention through environmental design (CPTED) measures;
      (3)   Frequency of site visits and inspections at various times of both day and night;
      (4)   Hiring of property management;
      (5)   Hiring of private security;
      (6)   Installation of security cameras;
      (7)   Use of written lease agreement;
      (8)   Criminal background checks for prospective tenants and lease renewals;
      (9)   Posting "No Trespassing" signs at the property and execution of a "no trespass affidavit" authorizing the police department to act as an agent of the property owner to enforce trespass statutes or ordinances on the property;
      (10)   Regular requests for offense and incident reports relating to the property that are available through the records custodian of the police department records division;
      (11)   Written documentation of all efforts to curtail or eliminate the re-occurrence of nuisance activities on the property;
      (12)   Any other action that the City determines is reasonably sufficient to curtail or eliminate the re-occurrence of nuisance activities on the property.
(Ord. 9050, passed 5-3-16)