For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATE. To remedy a condition which constitutes a violation of federal, state and/or local law which is necessary and in the interest of the general health, safety, and welfare of the city.
CALL(S) FOR SERVICE. Any time when a sworn member of the Fishers Police Department or Fire and Emergency Service Department is dispatched, deployed or responds to an incident at a specific location, whether or not it results in a valid complaint or citation.
CHRONIC VIOLATOR. Unless otherwise defined in this chapter, shall mean a commercial business property that has, within any 90 day period:
(1) Been the subject of 15 or more calls for service; or
(2) Been the subject of 15 or more valid complaints; or
(3) Been the subject of 15 or more citations; or
(4) Been the subject of a combination of calls for service, valid complaints and/or citations, which together total 15 or more in number.
(5) Multiple calls for service, valid complaints and/or citations under one incident shall only count once towards designation as a chronic violator.
CITATION. A written notice of violation of ordinance, federal or state law or penalty issued by the Fishers Police Department or Fishers Fire and Emergency Service Department requiring payment of a fine.
CITY. The City of Fishers, Indiana.
COMMERCIAL BUSINESS PROPERTY. A property used for commercial or industrial purposes, whether or not such property is zoned commercial or industrial pursuant to the Fishers Unified Development Ordinance. The term shall specifically exclude medical facilities, schools, government buildings, and all portions of a property used for residential purposes.
COMMERCIAL TENANT. An individual or entity that occupies a rental unit for commercial purposes with the landlord's consent and for consideration agreed upon by the landlord and tenant.
OPERATOR. Any person who has charge, care or control of a commercial business property. The term shall include a person who leases property to a commercial tenant, if such person is not otherwise the owner of said property.
OWNER. Any person, agent, firm, operator, trust, partnership, limited liability company, corporation or other individual or legal entity having a legal or equitable interest in a parcel of property which constitutes a commercial business property; or recorded in the official records of the state, county or municipality as holding title to such commercial business property; or otherwise having control of the
commercial business property, including a receiver, trustee, conservator or the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Service on the registered agent shall be good service as to the owner.
PUBLIC SAFETY RESPONSE. Any and all action taken by the Fishers Police Department and/or Fishers Fire and Emergency Services Department needed to protect the health, safety and welfare of inhabitants of a property or location, with such response being subject to the governing rules and regulations of each department.
PUBLIC SAFETY TEAM. The Police Chief, the Chief of Fire and Emergency Services, and the Public Health Director, or their designees, who are collectively assigned to oversee the administration and implementation of this chapter.
REMEDIATION AGREEMENT. A written agreement between an owner, commercial tenant, and/or operator and the Public Safety Team that outlines actions the owner, commercial tenant, and/or operator shall take to abate a nuisance or condition occurring on a commercial business property.
VALID COMPLAINT(S). A documented call that requires a public safety response at a commercial business property. If more than one valid complaint occurs within a 24 hour time period, then each valid complaint is considered a separate and distinct event except for valid complaints originating from one incident.
WARNING NOTIFICATION. A written document sent by the Public Safety Team to any owner, commercial tenant, and/or operator who has received seven calls for service, valid complaints and/or citations in a 90 day time period under this chapter.
(Ord. 051523C, passed 6-19-23)