(A) No owner of real estate located in the city shall allow that real estate to be used for illegal activity, criminal conduct, any conduct contrary to law or ordinance or unsafe activities. Such a property constitutes a public nuisance.
(B) Evidence of illegal activity on the property may include, but is not limited to, excessive police calls for service with or without arrests, issuance of a search warrant by any law enforcement agency in which the return of search warrant reveals any illegal substance or evidence of criminal enterprise or activity on the property, evidence of illegal drug use or drug sales on the property, evidence of gang activity including photographs, graffiti, or other depiction of gang symbols or colors displayed on the property, substantiated complaints from neighbors about criminal activity, activity discovered following inspections performed by the City Enforcement Authority, City Fire Department, or Health Department.
(C) Once the city makes a determination that illegal activity occurring on the property, the owner of the property shall be notified of this activity by the city. Once an owner is notified by the city that such activity is occurring on the property, the owner shall take action to abate such nuisance and establish a plan for preventing further public nuisance upon the property.
(D) Should the illegal activity continue following the notice by the city, the city, by its Enforcement Authority or Law Department is authorized to issue a citation to the property owner to appear in the City Court. Should the citation in the City Court fail to abate the public nuisance, the City Law Department is authorized to proceed under state law to abate or enjoin the nuisance though an action in the Lake Superior/Circuit Court, or under the requirements of the Unsafe Building Act, being I.C. 36-7-9 et seq., before the Hearing Authority.
(Ord. 13-0021, passed 8-26-2013) Penalty, see § 132.999