(A) Once the matter is referred to the City Attorney, the City Attorney shall immediately review and make a determination to initiate legal action authorized under this chapter or state statute, or may seek alternative forms of abatement of the nuisance activity. The City Attorney may initiate legal action on the chronic nuisance property and seek civil penalties and costs in court for the abatement of the nuisance.
(B) In determining whether a property shall be deemed a chronic nuisance property and subject to the court's jurisdiction, the city shall have the initial burden of proof to show by a preponderance of the evidence that the property is a chronic nuisance property. The city may submit official police reports and other affidavits outlining the information that led to arrest(s), and other chronic nuisance activity occurring or existing at the property. The failure to prosecute an individual, or the fact no one has been convicted of a crime is not a defense to a chronic nuisance action.
(C) Once a court determines the property to be a chronic nuisance, the court may impose a civil penalty against any or all of the persons responsible for the property, and may order any other relief deemed appropriate. A civil penalty may be assessed for no less than $500 and no more than $1,000 per day for each day the nuisance activity continued to occur following the date of the original warning by the Chief of Police or his or her designee(s), as described in § 134.08. In assessing the civil penalty, the court may consider the following factors, citing to those found applicable:
(1) The actions taken by the person responsible to mitigate or correct the nuisance activity;
(2) The repeated or continuous nature of the nuisance activity;
(3) The statements of the neighbors or those affected by the nuisance activity; and
(4) Any other factor deemed relevant by the court.
(D) The court which determined the property to be a chronic nuisance property shall also assess costs against the person responsible in the amount it costs the city to abate, or attempt to abate, the nuisance property.
(E) The court shall have jurisdiction of all civil infractions issued pursuant to this chapter.
(F) If the court determines the property to be a chronic nuisance property, the court shall order the property closed and secured against all unauthorized access, use and occupancy pursuant to § 134.12 below.
(Ord. 817-C.S., passed 10-20-15)