(A) Complaints to be transmitted to the Police Department. A complaint or report by a lessor, third person(s), such as other tenant(s) of certain real estate, or persons residing or working in the vicinity of certain real estate, and/or city officials, and/or representatives of agencies, and/or departments of the city, of suspected illegal activities at the real estate which constitute the use or sale of narcotics or controlled substances, the illegal sale of alcoholic beverages, gambling, battery, contributing to the delinquency of a minor, resisting law enforcement, disorderly conduct, criminal recklessness, prostitution, patronizing a prostitute, discharge of firearms or loud and raucous noise by tenants, occupants and/or their visitors, guests, or invitees, at such real estate, shall be submitted and/or transferred to the Police Department.
(B) Police Department determination and investigation. Upon receipt of any report or complaint of such suspected illegal activities on certain real estate, a determination will be made by the Police Department as to the need and nature of any further investigation, including, but not limited to the necessity for surveillance or the execution of a search warrant by the Police Department for such real estate.
(C) Warning (first) notice. If the completion of the investigation by the Police Department reveals that illegal activity has taken place at a certain premises, a warning notice may be given by the Elkhart Police Department, served in accordance with the provisions of § 132.25, to the owner of the real estate, an owner with a recorded equitable interest in the real estate, and the tenant/occupant whose premises is the subject of the investigation, which informs these persons or entities of the investigation revealing the suspected illegal activity and whether there is an ongoing investigation. Such a warning letter will instruct the owner and the tenant/occupant to take action to abate such illegal activity and of the intent of the Police Department, if its ongoing investigation indicates such suspected illegal activity has not ceased, to take further legal action. A copy of the letter will be sent to the Chief of Police and the City Attorney’s Office.
(D) Repeat violation after notice (second notice). Only after a warning letter has been served pursuant to § 132.25, and any investigation conducted or reviewed by the Police Department reveals that illegal activity defined as a public nuisance by this subchapter is continuing upon the premises, a second notice will be served upon the owner of the real estate, an owner of a recorded equitable interest, and the tenant, in accordance with § 132.25. The notice will advise what violations of this subchapter were found on the premises, and that legal proceedings may be commenced pursuant to this subchapter. The notice will also inform the owner of his or her choice to take some form of remedial action.
(E) City Attorney suit to enforce ordinance. Upon receipt of copies of the letters sent pursuant to § 132.25(C) and (D), the City Attorney’s Office may issue a notice that legal proceedings will be instituted against the owner of the subject real estate pursuant to this subchapter, and will also inform the owner of the availability, as a defense, to commence eviction proceedings pursuant to § 132.27.
(1979 Code, § 132.24) (Ord. 4194, passed 1-23-1995; Am. Ord. 4216, passed 9-11-1995; Am. Ord. 4583, passed 5-7-2001)