(A) After providing notice of a potential chronic nuisance under § 91.069, if the sergeant or other officer of higher rank has reasonable grounds to believe the properties have become a chronic nuisance properties, the sergeant or other officer of higher rank shall give written notice to a person in charge of the properties that the city considers the properties a chronic nuisance properties. The notice shall contain the following information:
(1) The street address or legal description sufficient to identify the premises;
(2) A statement that the premises are considered a chronic nuisance, together with a concise description of the nuisance activity upon which the statement is based;
(3) A statement that a person in charge of the properties may meet with a representative of the Police Department to devise a written plan to attempt to prevent or eliminate future nuisance activity at or near the properties;
(4) A statement that if a person in charge of the properties desires to meet with a representative of the Police Department to devise a written plan to attempt to prevent or eliminate future nuisance activity at or near the properties, the person must respond to the sergeant or other officer of higher rank within ten days from the date of the notice to arrange the meeting;
(5) A statement that the failure of a person in charge of the properties to promptly meet, discuss, and devise a plan to prevent or eliminate future nuisance activity giving rise to a chronic nuisance may be a factor that increases the penalty or length of closure imposed by a court should the properties be found to be a chronic nuisance properties;
(6) If after notification as provided in this section, but prior to a the commencement of any action by the city pursuant to this subchapter, a person in charge of the properties prepares and submits to the city a written plan that the city believes is likely to prevent or eliminate future nuisance activity at or near the properties, the city may delay commencement of an action related to the chronic nuisance for not more than 90 days.
(a) The city may elect to indefinitely postpone commencement of any action to enjoin or abate the chronic nuisance if, while the city is delaying commencement of an action related to the chronic nuisance, no new nuisance activity occurs at or near the properties. However, the decision to indefinitely postpone commencement of an action to enjoin or abate a chronic nuisance does not require the city to postpone commencement of an action to impose a penalty under this subchapter or any ordinance of the city.
(b) The city may immediately commence an action to enjoin or abate the chronic nuisance and/or to impose a penalty under this subchapter if:
1. A person in charge of the properties fails to prepare and submit a written plan that the city believes is likely to prevent or eliminate future nuisance activity at or near the properties; or
2. For any reason whatsoever, new nuisance activity occurs at or near the properties while the city is delaying commencement of an action related to the chronic nuisance properties.
(B) The opportunity to meet and negotiate under this section does not compel a person to agree to a proposal or require the making of a concession. A person in charge of properties has the burden to prepare and submit the written plan provided for in this section.
(Prior Code, § 5.930) (Ord. 1999-13, passed 10-22-1999)