(A) Purpose. The intent of this chapter is to focus on dwellings units where the owner resides as the occupant. It does not apply to non-owner occupied, rental units. People should be able to enjoy ownership, use and possession of property without negative interference by disorderly neighbors. The Common Council of the City of Fort Wayne finds it to be in the best interests of the residents of the City and the general public to provide for the regulation of conduct committed by the owner of a property and/or its occupants it deems to be offensive, to prevent vice and disorder; and to promote public peace, health and safety, and to this end, the Common Council enacts this section.
(B) Definitions: for the purpose this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISORDERLY HOUSE. A building, dwelling, establishment, premises or place where prohibited conduct occurs, including the outside area contiguous to and surrounding the structure such as a yard or lot under the same ownership. If it is a multi-unit dwelling or establishment, this definition only applies to the unit of the owner-occupant.
OWNER.
(a) The recorded owner of the property, as determined by the records of the Allen County Assessor’s Office;
(b) Any party with an equitable interest in the property, including a purchaser under a Contract for Conditional Sale of Real Estate commonly known as a Land Contract, which may or may not be recorded; or
(c) The trustee of a land trust, if the land trust holds title to such property.
(d) A shareholder, member, partner or other ownership interest in a corporation, limited liability company, partnership or other entity, which entity is the title holder to the real properly in question.
OCCUPANT. Any person over eighteen (18) years of age whose domicile is the property upon which the prohibited conduct has been found to have occurred.
PROHIBITED CONDUCT. Only activities occurring in violation of and as defined by Indiana Criminal Code or Fort Wayne City Code, as set forth in the following enumerated list:
(a) Gambling;
(b) Contributing to the delinquency of a minor;
(c) Prostitution;
(d) Patronizing a prostitute;
(e) Discharge of firearms;
(f) Unreasonable noise;
(g) Maintaining a common nuisance;
(h) Racketeering;
(i) Violations of any of the Indiana statutes governing criminal gang activity, intimidation, recruitment;
(j) Violations of any of the Indiana statutes governing the sale, dealing, use, possession and/or manufacturing illicit narcotics or dangerous controlled substances;
(k) Violations of any of the Indiana statutes governing the sale, possession, delivery or receipt of alcoholic beverages.
(C) Public nuisance. Whenever prohibited conduct as defined in division (B) of this section occurs in or upon a building, dwelling, establishment, premises or place, the City may deem the building, dwelling, establishment, premises or place to be a disorderly house which constitutes a public nuisance.
(D) Reports, investigations and notice to abate.
(1) A complaint or report of suspected prohibited conduct committed by the owner and occupant, as observed by persons residing or working in the vicinity of the property, city officials, and/or representatives of agencies and/or departments of the City, shall be submitted to the Fort Wayne Police Department and each report or complaint shall be individually logged in that office.
(2) Upon receipt of any report or complaint of such suspected illegal activities on the premises, including the outside area contiguous to and surrounding the structure such as a yard or lot under the same ownership, the Fort Wayne Police Department may conduct a further investigation.
(3) Upon completion of investigation by the Fort Wayne Police Department revealing a reasonable belief that such suspected prohibited conduct has occurred in or upon a building, dwelling, establishment, premises or place, the City shall notify the owner of the property by sending a notice of abate that the building, dwelling, establishment, premises or place is a disorderly house and constitutes a public nuisance and the owner shall terminate the public nuisance.
(4) The City deems the owner and occupants of the property responsible for any and all prohibited conduct occurring upon the premises after receipt of the notice to abate.
(E) Manner of serving notice to abate. The notice to abate shall be provided to the owner and occupants in the following manner:
(1) Sending a copy of the notice to abate by registered or certified mail to the residence, or certified to the residence or place of business or employment of the person to be notified, with return receipt requested;
(2) Delivering a copy of the notice to abate personally to the person to be notified; or
(3) Leaving a copy of the notice to abate at the dwelling or usual place of abode of the person to he notified.
(F) Exception. This chapter does not apply when contact with law enforcement is made by or on behalf of a victim or potential victim of abuse; a victim or potential victim of a crime; an individual in an emergency; or if the individual has a physical or mental impairment preventing them from controlling their conduct.
(G) Penalty, injunctive relief. Whenever prohibited conduct occurs upon a property after the City has provided notice to abate the public nuisance, the City may file an action in any court of general jurisdiction against the owner and/or occupants to enjoin the nuisance and to recover a fine of not less than two hundred and fifty dollars ($250.00) and not more than two thousand five hundred dollars ($2,500.00) for each day with no attempt to abate the violation constituting a separate offense. In determining the amount of the fine to be imposed, the court may consider the attempts of the owners and/or occupants to address the public nuisance.
(H) Compilation and delivery of data. Advocacy groups for fair housing, those with disabilities, and victims of domestic violence have expressed concerns that this ordinance will affect those populations negatively, citing potential disparate impact. It is expressly not the intent of the City to create disparate impact among vulnerable populations and Council wishes to monitor these hypothetical affects and make sure they do not come to fruition. Therefore, the Enforcement Agency shall keep and compile relevant data pertaining to the use of this ordinance including, but not limited to: discharge of firearms, unreasonable noise, and maintaining a common nuisance. Relevant information pertaining to this list can be determined by consulting the local realtor board, state apartment association, the municipal disability advocacy board, and the municipal domestic violence board. A summary of such data shall be sent to Council annually by the Enforcement Agency, and a global summary of all citations from the ordinance’s inception shall be presented to Council by the Enforcement Agency no less than 90 days from the ordinance’s sunset provision.
(Ord. G-4-20, passed 2-11-20; Am. Ord. G-3-23, passed 2-14-23)