A. The police department shall keep an accurate record of all incidents of alleged nuisance activity and the premises at which it allegedly occurred.
B. When two (2) or more incidents of alleged nuisance activity have occurred at any given premises in the city, the chief of police shall review the reports of those incidents and shall determine whether there is cause to believe that the alleged nuisance activity occurred and whether there is cause to believe that the nuisance activity occurred at the subject premises.
C. If the chief of police finds that there is cause to believe that nuisance activity occurred and that there is cause to believe that it occurred at the subject premises, the chief may then notify the owner that the subject premises is in danger of being classified as a chronic nuisance property. The notice shall contain:
1. The street address or legal description of the premises;
2. A concise description of the nuisance activity that has occurred at this location;
3. A statement that further reports of nuisance activity occurring at the premises shall result in the premises being classified as a chronic nuisance property, subject to the regulations and remedies of this chapter.
4. A statement offering the owner an opportunity to propose a plan of action, to the chief of police, that will abate the nuisance activity.
5. A demand that the owner respond to the chief of police within ten (10) days to discuss the presence of nuisance activity on the premises.
D. If, after notification is made pursuant to subsection C of this section, another incident of alleged nuisance activity occurs at the subject premises, the chief of police shall determine whether there is cause to believe that the alleged nuisance activity occurred and whether there is cause to believe that it occurred at the subject premises.
E. If the chief of police finds that there is cause to believe that nuisance activity occurred and that there is cause to believe that it occurred at the subject premises, he shall then determine whether the premises is a "chronic nuisance property" as defined by section 5-4-1 of this chapter.
F. Following a determination that the subject premises is a chronic nuisance property, the chief of police shall notify the owner in writing that the premises has been determined to be a chronic nuisance property. The notice shall contain:
1. The street and address or legal description of the premises.
2. A statement that the premises is a chronic nuisance property pursuant to the provisions of this chapter.
3. A concise description of the nuisance activity that supports this determination.
4. A demand that the owner propose a course of action that will abate the nuisance activity giving rise to this notification.
5. A demand that the owner respond to the chief of police within ten (10) days.
G. If the owner does not respond in ten (10) days as requested by subsection F of this section, or if the chief of police does not agree to the proposed course of action submitted to abate the nuisance activity, the chief of police shall request authorization for the city attorney to commence a legal proceeding to abate the nuisance; provided, however, that if, prior to the commencement of legal proceedings by the city pursuant to this chapter, a person in charge stipulates with the chief of police that the person in charge will pursue a course of action that the parties agree will abate the nuisance activity, the chief of police may agree to postpone legal proceedings for a period of not less than ten (10) days nor more than thirty (30) days; provided further, however, that if the agreed course of action does not result in the abatement of the nuisance activity, the city is not precluded or estopped from commencing legal proceedings to abate the nuisance activity.
H. Nothing in this section shall prohibit the city from filing an action for injunctive relief against a chronic nuisance property when such premises constitutes an immediate threat and danger to the safety, health and welfare of the surrounding neighborhood and residents of the city. (Ord. M-33-07, 10-15-2007)