(A) In the event that the hearing officer determines property to be a chronic nuisance property, the hearing officer may order any or all of the following:
(1) That the property is closed for a period of not less than 30 days, but not more than 180 days, except that properties which are deemed a chronic nuisance under § 94.50(A)(2) may be closed for any period until water or power is properly connected at the property.
(2) That the owner secures the property against use of occupancy of the property for the time period listed above.
(3) That the city physically secure the property against use or occupancy in the event that the owner fails to do so within the time specified by the hearing officer. In the event that the city is authorized to secure the property or otherwise abate a chronic nuisance, all costs reasonably incurred by the city to effect closure or abate the nuisance shall be assessed against the owner and the property. The city shall submit a statement of costs to the court for its review. If no objection of the statement is made within the time period prescribed by the court, or if the court, after objection is made, determines that the statement of costs is accurate the court shall approve such costs.
(4) A fine of $1,000 or a fine of up to $100 per day against the owner of the property for each day the owner had actual knowledge that the property was a chronic nuisance property and permitted the property to remain a chronic nuisance property.
(5) That the owner post a reasonable bond to assure future compliance with the statutes of the state or the ordinances of the city for a reasonable period of time, not to exceed one year.
(B) In determining an appropriate remedy, the hearing officer may consider evidence of other conduct which has occurred on the property, including, but not limited to:
(1) The actions or lack of action taken by the owner to mitigate or correct the problem at the property;
(2) Whether the problem at the property was repeated or continuous;
(3) The magnitude or gravity of the problem;
(4) The cooperation of the person in charge of the property with the city;
(5) The cost to the city to investigate and correct or attempt to correct the chronic nuisance condition;
(6) The actual disturbance to neighbors.
(C) Any person who is assessed the cost of abatement and/or civil penalty by the court shall be personally liable for the payment thereof to the city. If payment is not made, the city may pursue all available collection procedures, including, civil collection or requesting a court to find the owner in contempt of court for nonpayment of such costs.
(D) Upon the administrative hearing officer’s final determination that a property is a chronic nuisance property and until that designation is removed as provided herein, the city shall be entitled to include the property (as identified by its address and/or parcel identification number) and the property’s title owner on a list of chronic nuisance properties, maintained by the city and available to the public. A list of chronic nuisance properties shall be published on the city’s website.
(Ord. 22-3670, passed 5-4-2022)