(a) Nuisance and Violations.
(1) Any premises used for prostitution, illegal gambling, illegal possession, storage or delivery of or trafficking in controlled substances, or other illegal drug activity is hereby declared to be a public nuisance; provided, that no public nuisance or violation shall be deemed to exist unless:
A. The property is used for two or more such offenses or incidents within any twelve (12) month period; or
B. The offense upon which the property occurred is punishable by imprisonment for one year or more.
(2) Any person who owns, manages or controls any premises and who: (1) Encourages or permits an illegal activity described in Section 547.01(a)(1) to occur or continue on such premises; or (2) Fails to implement reasonable and warranted abatement measures identified in the notice issued pursuant to Section 547.01(b), or subsequently agreed to, or other abatement measures which successfully abate the nuisance within the 30-day period following the notice, or within any other agreed upon period, is guilty of misdemeanor offense and upon conviction thereof shall be subject to the penalties provided in Section 547.01(c).
(b) Action and Order of Abatement.
(1) Upon affidavit of complaint of a law enforcement officer, made under oath by an individual authorized by law to take sworn statements, setting forth the identity of the persons and the nature and date of the facts and circumstances giving rise to the violation of this Section, the Chief of Police, upon finding probable cause to believe a violation exists, may institute an action for abatement in the Municipal Court for the City of Fairmont by the issuance, filing and service upon the defendant, by any lawful means, of a notice of violation and order of abatement.
(2) The notice of violation and order of abatement shall inform the defendant of the facts and circumstances giving rise to the violation and require the defendant, within the time stated in the notice, to take measures reasonably calculated to abate the violation and prevent the recurrence of the proscribed activity.
(3) Upon filing of the notice of violation and order of abatement with the Municipal Court, the Municipal Court shall cause a confirmatory hearing to be conducted. Such hearing shall be conducted before the expiration of the time stated in the notice of violation. Notice of the hearing shall be served upon the defendant by any lawful means. Following the hearing, the Municipal Court Judge shall upon written findings and conclusions, make a determination whether a violation exists, and may confirm, modify or vacate the order of abatement.
(4) The order of abatement may also authorize the issuance of search warrants reasonably calculated to determine whether the nuisance has been abated or whether the order of the court has been obeyed.
(c) Penalty.
(1) No person shall be found guilty of failing to comply with a notice of violation and order of abatement unless the same has been the subject of a confirmatory hearing provided in Section 547.01(b)(3).
(2) Upon the filing of a criminal summons and complaint or a warrant, a person may be prosecuted for any violation of this Section, regardless of whether a notice of violation and order of abatement has been issued, and to that extent the issuance of a notice of violation and order of abatement are not pre-requisites to prosecution for such violation.
(3) Any person found guilty of failing to comply with a confirmed notice of violation and order of abatement shall be deemed guilty of a misdemeanor and shall be subject to a fine not to exceed $500.00.
(4) Any person found guilty of a violation of this Section upon a criminal summons and complaint or a warrant shall be deemed guilty of a misdemeanor and shall be subject to a fine not to exceed $500.00.
(5) Each day that a violation of this Section continues shall be considered a separate and distinct offense.
(Ord. 1778. Passed 7-10-18.)