(a) If the Mayor or Service/Safety Director determines that a premises meets the definition of a chronic illegal activity premises and is a nuisance under this section, the Mayor or Service/Safety Director, as applicable, shall notify the owners of the premises and the Law Director in writing of such determination, and shall provide the owner with an opportunity to meet the appropriate City officials, which may include the Law Director to discuss the allegations contained in the notice and the need for nuisance abatement at the premises; and, to enter into a possible resolution agreement with the City to abate the nuisance activity at the premises identified in the notice. In addition, a courtesy copy of such notice shall be provided to the Council person of the ward in which the premises is located. The notice required under this subsection (a) shall serve upon such owner by first class mail or express mail or by overnight carrier at the owner's last known residence address or, if the owner is a business entity, at any address identified for its registered agent or at its principal place of business; or by personal service to the owner, including personal service upon an employee or agent of the owner at the premises identified in the notice or otherwise if such service cannot be made by either of means noted above, by positing a copy of the notice on the front entrance of the building or other structure meeting the definition of a chronic illegal activity premises or, if there is no front entrance, in any other conspicuous place on the premises. Such notice shall contain the following information:
(1) A statement that the premises identified in the notice has been determined to be a chronic illegal activity premises and nuisance under this section.
(2) A street address, parcel number or legal description sufficient to identify the premises;
(3) A description of the illegal activities supporting the determination that the premises is a nuisance under this section, and the date(s) which the illegal activities comprising the nuisance occurred.
(4) The owner's opportunity to request in writing, by the date certain set forth in such notice or by any other agreed upon date, a meeting with appropriate city officials which may include the Law Director, to discuss the allegations contained in the notice of the need for abatement measures at the premises. At such meeting(s), the owner may enter into a possible resolution agreement with the city to abate the nuisance activity at the premises identified in the notice;
(5) The owner's attorney is allowed to attend such meeting(s);
(6) The name and address of the City official to whom a written request for such meeting should be sent and the date certain by which such written request must be received by such City official;
(7) If the owner fails to meet with the appropriate City officials in a timely manner or fails to enter into a resolution agreement with the City or otherwise fails to abate the nuisance under this section, the Law Director or other appropriate City official may institute an appropriate action before any appropriate administrative body or in a court of competent jurisdiction to abate such nuisance; and
(8) Upon a finding of liability in the appropriate administrative body or in a court of competent jurisdiction, the penalties which shall attach for a violation of this chapter, including, but not limited to, fines and liability to the City for any and all costs incurred by the City or its agents for police service, emergency service or any other City service reasonably related to such violation of this ordinance.
(b) If, after the requirements set forth in subsection (a) hereof have been met, the Law Director or any other appropriate City official determines that it is necessary or desirable to bring an action in an appropriate administrative body or in a court of competent jurisdiction to abate a nuisance under this section, written notice of such action shall be provided to the owner as required by law. If such action is brought in an appropriate administrative body, any evidence on which a reasonable prudent person would rely may be considered without regard to the formal or technical rules of evidence, and the presiding authority may rely on written official reports, affidavits or other business records submitted by police officers or other authorized city officials or city employees to determine whether a public nuisance under this section occurred. Upon a finding of liability under this section, the presiding authority shall issue an order of abatement directing the owner to implement a nuisance abatement plan at the premises. Such nuisance abatement plan shall be in writing; shall provide reasonable assurance that if the plan is implemented at the premises, the nuisance at such premises will be substantially abated or eliminated in its entirety; shall include an implementation schedule for each element of the plan; and shall contain the following elements, unless the Mayor or Service/Safety Director, as applicable, or the presiding authority determines that such elements are not required to substantially abate or eliminate in its entirety the nuisance at the premises:
(1) Installing and maintaining sufficient lighting at each point of entry to and exit from the premises and in designated common areas;
(2) Installing and maintaining sufficient common areas, illuminated in such a manner so as to identify persons entering or exiting the premises;
(3) Maintaining the recordings from surveillance cameras for not less than 30 days after such recording occurs; and
(4) Hiring sufficient licensed and insured security required to patrol the premises.
In addition, such nuisance abatement plan may be required to include the following elements: installing metal detectors to screen persons visiting the premises; requiring persons to produce identification upon entering the premises; maintaining a registry of all persons entering the premises; maintaining an internal log or incident reporting system documenting the owner's response to specific incidents of illegal activity on the premises; displaying appropriate signage; providing trash pick-up services; installing soundproofing insulation or taking other steps to control noise; and other reasonable and warranted measures to abate the nuisance at the premises.
(Ord. 8, 2011. Passed 2-23-11.)