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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.
CITATION. A written ordinance violation notice or penalty issued by the Fort Wayne Police Department, Fort Wayne Fire Department, Neighborhood Code Compliance or Animal Care and Control requiring payment of a fine to the Office of the City Clerk.
CITY. The City of Fort Wayne, Indiana.
COMMERCIAL BUSINESS PROPERTY. A property used for commercial or industrial purposes, whether or not such property is zoned commercial or industrial pursuant to Chapter 157 of the Fort Wayne City Code. The term shall specifically exclude all portions of a property used for residential purposes.
COMMERCIAL CHRONIC PROBLEM PROPERTY. A commercial business property that has, within any 90 day period:
(1) Been the subject of 12 or more valid complaints for any offense under federal, state or local law which occurred on the property; or
(2) Been the subject of 12 or more compliance letters/orders and/or citations for violations of state or local law issued by the Fort Wayne Fire Department, Fort Wayne-Allen County Department of Health, Neighborhood Code Compliance, Animal Care and Control and/or the City of Fort Wayne Law Department; or
(3) Been the subject of a combination of valid complaints, citations, and/or compliance letters/orders issued by the Fort Wayne Police Department, the Fort Wayne Fire Department, Fort Wayne-Allen County Department of Health, Neighborhood Code Compliance, Animal Care and Control and/or the City of Fort Wayne Law Department, which together total 12 or more in number.
Multiple valid complaints, citations, and/or letters/orders issued under one incident shall only count once towards designation as a COMMERCIAL CHRONIC PROBLEM PROPERTY.
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.
COMPLIANCE OFFICER(S). An employee of the Fort Wayne Police Department assigned to oversee the administration and implementation of this chapter.
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.
POLICE DOCUMENTED CALL FOR SERVICE. Any time when a sworn member of the Fort Wayne Police Department is dispatched, deployed or responds to an incident at a specific location as a police response which results in the issuance of a citation or valid complaint. This term does not include calls made by or on behalf of a victim or potential victim of abuse, a victim or potential victim of a crime, or an individual in an emergency if (1) at the time the call is made, the person making the call reasonably believes that law enforcement assistance or other emergency assistance is necessary to prevent the perpetration or escalation of the abuse, crime, or emergency, or (2) law enforcement assistance/other emergency assistance was needed to address abuse, a crime, or an emergency that has occurred.
POLICE RESPONSE. Any and all police action 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 the Fort Wayne Police Department.
REMEDIATION AGREEMENT. A written agreement between an owner, commercial tenant, and/or operator and a compliance officer that outlines actions the owner, commercial tenant, and/or operator will take to abate a nuisance or condition occurring on a commercial business property.
VALID COMPLAINT. A police documented call for service for violation of any federal, state or local law which occurred at a commercial business property. The term does not include incidents involving an occupant of the premises who is the victim of the crime, including, but not limited to, victims of domestic violence, stalking, sexual abuse and/or persons with mental or physical disabilities pursuant to all applicable local, state and federal laws.
WARNING NOTIFICATION. A written document sent by the Fort Wayne Police Department to any owner, commercial tenant, and/or operator who has received six valid complaints, citations and/or compliance letters/orders under this chapter.
(Ord. G-24-17, passed 10-10-17)