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The City determines that, whenever the repeated use, sale, furnishing, giving or possession of controlled substances or drug paraphernalia occurs on any property, increased criminal activity occurs in the neighborhood surrounding the property, increased pedestrian and/or vehicular traffic occurs in the neighborhood surrounding the property are disturbed, a public nuisance is thereby created.
(Ord. 3186, passed 11-11-1991)
(a) Whenever the use, sale, furnishing, giving or possession of controlled substances or drug paraphernalia occurs on any property, the City Council may declare by resolution that the property, after notice to the owner, a public hearing and a recommendation from the appropriate committee, is a public nuisance.
(b) Notice of the public hearing shall be made to the owner and shall consist of personal service or mailing of a certified letter to the taxpayer of record, as indicated in the Building and Safety Inspection Division in the case of a rental unit, or the City Assessor’s office in the case of an owner occupied dwelling, and the receipt by the City of a return receipt card indicating the owner’s having received the notice. This notice to the owner shall occur at least seven calendar days prior to the date of public hearing.
(Ord. 3186, passed 11-11-1991)
If the City Council determines that a property is a public nuisance, it may, by resolution, in addition to any other remedies available to the City at law or in equity:
(a) Authorize the Building and Safety Inspection Division to prohibit the occupancy of the property by either padlocking a portion of the property or boarding the property up, whichever is appropriate, for a period of up to one year from the date Council adopts the resolution; and/or
(b) Determine the owner shall be liable for the full cost of any personnel (including police and Code Compliance Officers) involved in each raid subsequent to the first raid and assess the cost against property.
(Ord. 3186, passed 11-11-1991)
It shall be a persuasive presumption that a property is a public nuisance if:
(a) The property has been raided by the police and controlled substances and/or drug paraphernalia have been found by the police;
(b) A letter, informing the owner that controlled substances and/or drug paraphernalia has been found by the police at the property, and of the potential consequences if a similar activity occurs at the property has been:
(1) Personally served on the owner;
(2) Sent by certified mail to the taxpayer or record, as indicated in the Building and Safety Inspection Division in the case of a rental dwelling, and a return receipt card has been received by the City; or
(3) Sent by certified mail to the taxpayer of record, as indicated by the City Assessor’s office in the case of an owner-occupied dwelling, and a return receipt card has been received by the City.
(c) The same property is raided by the police again within six months from the date of the first raid and controlled substances and/or drug paraphernalia is found in the raid by the police.
(Ord. 3186, passed 11-11-1991)
(a) Any vehicle used for the purpose of illegal drag racing, is declared a nuisance. All nuisances shall be enjoined and abated as provided in this section of the code and as provided in the Court rules. Any person or his or her servant, agent, or employee who owns, leases, or conducts, in violation of this act is guilty of a nuisance.
(b) Action to abate; parties; injunction. The Chief Legal Officer may maintain an action for nuisance abatement equitable relief in the name of the City of Flint in the Genesee County Circuit Court.
(c) Order of abatement. If the existence of the nuisance is established in an action as provided in section (b), an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal of all fixtures and contents therein and shall direct the sale thereof.
(d) Prerequisites to delivery of vehicle. The vehicle may be returned upon payment of an administrative fee of nine hundred ($900.00) dollars, and any storage and towing fees as settlement of any nuisance abatement action.
(Ord. 3796, passed 6-27-2011)