(A) Once an owner, commercial tenant, and/or operator of a commercial business property has received a warning notification and has ten calls for service, valid complaints, and/or citations, the Public Safety Team shall set a mandatory meeting between the Public Safety Team and the owner, commercial tenant and/or operator, to occur within 30 days, and shall send notice of the mandatory meeting to the owner, commercial tenant and/or operator electronically or by first class United States mail.
(C) The owner, commercial tenant, and/or operator of a commercial business property that has received a warning notification and has ten calls for service, valid complaints and/or citations shall be required to enter into a remediation agreement with the city, by and through its Public Safety Team. Such agreement shall:
(1) Be in writing and signed by the owner, commercial tenant, and/or operator of the commercial business property and the Public Safety Team, or its designee;
(2) Set forth reasonable remedial measures, as established by the city, which must be initiated within 90 calendar days of executing the remediation agreement, and thereafter establish periodic thresholds and needed corrective actions which will be monitored by the Public Safety Team;
(3) Include proactive measures determined necessary to abate the public health, safety and welfare violations identified, which may include calls for service, valid complaints, citations and any other compliance letter or order that has been issued by any city department; proactive measures may include inspection of the commercial business property for the purpose of assessing remedial and proactive measures;
(4) Have a term of no more than six months;
(5) Be fully executed within 30 days after the notice of mandatory meeting pursuant to division (A) above was received by the owner, commercial tenant, and/or operator of the commercial business property; and
(6) The owner, commercial tenant and/or operator shall provide reports of progress toward the remedial and proactive measures contained in the remediation agreement no less than one time per month during the term of the remediation agreement.
(D) Within ten calendar days after a remediation agreement is executed by the parties described above, the Public Safety Team shall distribute a copy of the executed remediation agreement to the owner, commercial tenant and/or operator of the commercial business property. In the case of a commercial rental property, the Public Safety Team shall also send a copy of the remediation agreement to the owner, electronically or by first class United States mail, if such notice was not already provided to the owner.
(E) In the event that the owner, commercial tenant, and/or operator substantially complies with the remediation agreement, then the commercial business property shall not be designated as a chronic violator in the event the commercial business property receives subsequent calls for service, complaints and/or citations and no additional penalties will be issued under § 100.99 of this chapter, all as further subject to the specific terms of the remediation agreement.
(F) In the event that the owner, commercial tenant, and/or operator fails or refuses to enter into a remediation agreement or fails to substantially meet the obligations set forth in the remediation agreement, any subsequent calls for service, complaints and/or citations will count toward designation of the commercial business property as a chronic violator. Notice of noncompliance shall be sent to the owner, commercial tenant and/or operator by the Public Safety Team electronically or by first class United States mail. In the case of a commercial rental property, the Public Safety Team shall also send a copy of the notice of non-compliance to the owner electronically or by first class United States mail, if such notice was not already provided to the owner.
(G) Any new violations of this chapter which are in addition to the items addressed in the remediation agreement may be pursued by the Legal Department pursuant to § 100.99.
(H) Once the owner, commercial tenant, and/or operator has fully complied with the remediation agreement, the Public Safety Team shall notify the head of the Legal Department and the Legal Department shall issue a “notice of compliance” and release the owner, commercial tenant or operator from the remediation agreement. The time period and number of calls for service, valid complaints and/or citations for purposes of this chapter will restart once a notice of compliance has been issued.
(Ord. 051523C, passed 6-19-23)