4-1-5-1: INTENT:

   A.   The abatement of public nuisances for the protection of public health, safety, and welfare is a matter of local concern. The purpose of this section 4-1-5 is not to punish, but to abate public nuisances. The actions provided in this section 4-1-5 are designed to abate public nuisances by removing the property and vehicles from criminal use and as a base of criminal operations, to ensure that criminal activity and the use of the property for criminal purposes is unprofitable, to require that the profits of criminal activity be disgorged, to make property owners vigilant in preventing public nuisances on, in or using their property and responsible for the lawful use of their property by tenants, guests and occupants, and to deter public nuisances. The remedies provided in this section 4-1-5 are directed at the property involved without regard to ownership, title or right of possession and the culpability of innocence of those who hold these rights. The remedial actions provided in this section 4-1-5 are intended to be civil in nature. The remedies of seizure, temporary restraining order, closure, receivership, sale, and/or destruction are intended to be in rem, against the property itself, and not against any individual directly. However, the remedies of temporary restraining order, civil judgment, and permanent injunction may be partially in personam.

   B.   In order to ensure that the remedies provided in this chapter are applied in good faith and for the purposes of public nuisance abatement, the following shall apply:

      1.   No city employee's or law enforcement officer's employment or level of salary shall depend upon the frequency or quantity of actions and remedies under this chapter that he or she produces.

      2.   All seizures of real property shall be made pursuant to a temporary restraining order based upon a judicial finding of probable cause and only after an opportunity for an adversarial hearing to contest the seizure has been provided.

   C.   This section 4-1-5 is not intended to authorize any act expressly prohibited by state law, nor to forbid any conduct expressly authorized by state law. The provisions of this section 4-1-5 shall be construed to avoid any such direct and express conflict.

   D.   The sections of this section 4-1-5 are intended to provide a comprehensive scheme for civil public nuisance abatement and should be read together. (Ord. 2012-4, 6-12-2012)