(A) The owner, commercial tenant, and/or operator of a commercial chronic problem property shall be required to enter into a remediation agreement. Such remediation agreement shall:
(1) Be in writing and signed by the owner, commercial tenant, and/or operator of the commercial chronic problem property and the Compliance Officer;
(2) Set forth immediate remedial measures which must be initiated within 14 calendar days of signing the remediation agreement, and thereafter establish monthly thresholds and needed corrective actions which will be monitored by the Compliance Officer;
(3) Include proactive measures determined necessary to abate the public health, safety and welfare violations identified; and
(4) Identify specific actions the owner, commercial tenant, and/or operator is required to complete by the last Friday of each month and transmit to the Compliance Officer.
(B) Within ten calendar days after a remediation agreement is executed by the parties described above, the Compliance Officer shall send an electronic copy of the executed remediation Agreement to the Chief of Police, the Fort Wayne Fire Department, the Fort Wayne-Allen County Department of Health, Neighborhood Code Compliance, Animal Care and Control, the City of Fort Wayne Law Department and the Common Council member who represents the district in which the commercial chronic problem property is located. In the case of a commercial rental property, the Fort Wayne Police Department shall also send a copy of the remediation agreement to the owner, electronically or by first class United States mail, if such notice was not already provided to the owner.
(C) In the event that the owner, commercial tenant, and/or operator complies with the remediation agreement in its entirety, then for every 30 calendar days that the commercial chronic problem property has no new valid complaints, citations and/or compliance letters/orders issued against it, 15 calendar days shall be subtracted from the time said property is scheduled to be designated as a commercial chronic problem property; this process shall continue through the duration of the remediation agreement. The Fort Wayne Police Department shall be responsible for maintaining accurate records and sending monthly updates to the individuals listed in division (B) of this section and to allow such records to be available to stakeholders in the community.
(D) In the event that the owner, commercial tenant, and/or operator fails or refuses to enter into a remediation agreement, or fails to meet the obligations set forth in the remediation agreement, the Law Department or his/her official designee, shall commence legal action pursuant to § 103.99 of this chapter. Notice of non-compliance shall be electronically sent by the Law Department to the Chief of Police, the Fort Wayne Fire Department, the Fort Wayne-Allen County Department of Health, Neighborhood Code Compliance, Animal Care and Control, the Common Council Member who represents the district in which the commercial chronic problem property is located. In the case of a rental property, the Law Department shall also send a copy of the notice of non-compliance to the owner electronically or by first class United States mail, if such notice was not already provided to the owner.
(E) Any new violations which are in addition to the items addressed in the remediation agreement may be pursued by the Law Department.
(Ord. G-24-17, passed 10-10-17)