(A) When reviewing documentation to designate a commercial business property as a commercial chronic problem property, the compliance officer shall review and verify:
(1) The number of police documented calls for service, valid complaints and citations issued by the Fort Wayne Police Department in the applicable 90 day period; and
(2) The number of citations and/or compliance letters/orders 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 to a commercial business property in the applicable 90 day period; and
(3) The number of violations issued by a state and/or federal agency.
(B) If the Compliance Officer determines that the commercial business property has been the subject of 12 or more valid complaints, citations, and/or compliance orders/letters within the applicable 90 day period, the Compliance Officer shall designate the commercial business property as a commercial chronic problem property.
(C) The Fort Wayne Police Department shall notify in writing the owner, commercial tenant, and/or operator that his/her/its commercial business property has been designated as a commercial chronic problem property. Said notification shall be delivered by the following methods: (1) leaving a copy of the notification at the commercial business property address, followed by sending a copy of the notice through first class United States mail; or (2) sending notification to the owner, commercial tenant, and/or operator by certified mail, return receipt requested. This notification shall identify:
(1) The owner, commercial tenant, and/or operator and the specific address that has been designated as a commercial chronic problem property;
(2) The number of valid complaints, citations, and compliance letters/orders pertaining to said commercial business property in the applicable 90 day period;
(3) The cost(s) which may be incurred if there are any future valid complaints, citations, or compliance letters/orders pertaining to the commercial business property;
(4) The cost(s) which may be incurred for any future background investigations and/or issuance of letter(s)/orders;
(5) The name, title, and contact information (i.e., mailing address, telephone and fax numbers and email address) of the individual whom the owner, commercial tenant, and/or operator may contact if he/she has questions regarding the notification; and
(6) The time period which the commercial chronic problem property designation will last and the terms and conditions which must be met for the removal of such designation.
(D) Copies of the written designation shall be simultaneously sent electronically to the Fort Wayne Fire Department, Fort Wayne-Allen County Department of Health, Neighborhood Code Compliance, Animal Care and Control, City of Fort Wayne Law Department, Office of the City Clerk and the Common Council Member who represents the district where the subject commercial business property is located. In the case of a rental property, a copy of the written designation shall also be sent to the owner, if the owner was not the primary intended recipient of the designation as outlined above.
(E) Once designated as a commercial chronic problem property by the Compliance Officer, said property shall remain so designated and tracked on a computerized matrix for compliance/enforcement purposes for one year from the date of designation. Said designation shall be removed upon action by the City of Fort Wayne Law Department after reviewing documentation from 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 that said property has not been the subject of a valid complaint, citation, or compliance letter/order for a period of not less than 365 continuous days, unless credited per the regulations set forth in § 103.05. Additionally, any and all fines and repeat nuisance service call fees associated with said commercial chronic problem property must have been paid in full for removal from the matrix.
(F) The city deems the owner, commercial tenant, and/or operator responsible for any and all prohibited conduct occurring at the commercial business property after receipt of the written notice designating the property as a commercial chronic problem property.
(Ord. G-24-17, passed 10-10-17)