A. Following the independent review, as set forth in section 5-2-3 of this chapter, if the chief of police or his designee concludes that the nuisance activities have occurred, the chief of police shall notify the owner(s), manager(s), person(s) in charge, and, in the event, the property is leased property, the tenant, in writing that the property in question is in danger of becoming a chronic nuisance property. Such notice shall be provided by either personal delivery, first class mail postage prepaid or by certified mail return receipt requested. If service is by regular or certified mail, service shall be deemed complete three (3) days after mailing. In the event the property is a single-family dwelling rental, notice shall be served upon the landlord or manager at the address provided in the license application provided by section 10-14A-3 of this code or, if a multiple-family dwelling, section 10-14B-3 of this code. (Ord. 2016-54, 10-6-2016; amd. Ord. 2016-66, 11-17-2016)
The notice shall contain substantially the following information:
1. The street address or a legal description sufficient for identification of the potential nuisance property.
2. A statement that the chief of police has information that the property may be a "chronic nuisance property" or a potential "chronic nuisance property" as defined by this chapter, with a concise description of the criminal activity(ies) or nuisance activity(ies) that may exist, or that has occurred and why the chief of police believes the property may be determined to be a chronic nuisance property or a potential chronic nuisance property.
3. A statement that the owner, manager(s) or person(s) in charge and, in the event the property is a leased property, the tenant(s) or other designee may, within five (5) days of issuance of the notice, respond and request a meeting with the chief of police or his designee.
4. That the owner(s), manager(s) or other persons in charge of the property, and/or tenant(s) in possession thereof may raise any affirmative defense delineated in section 5-2-8 of this chapter.
5. This section is not intended to deter those persons in need of police, fire or paramedic services from calling for those services.
B. At the meeting between the chief of police or his/her designee and the parties notified, the chief of police may request that the owner, manager(s), person(s) in charge or his or her or its tenant(s), in the case of rental property, implement a reasonable abatement plan designed to alleviate and prevent future occurrences of criminal activity or nuisance activity upon the property. The mitigation or abatement plan shall be in writing and shall be reasonable under the circumstances in its objective, cost and scope, and shall be implemented within thirty (30) days of the meeting with the chief of police or such longer period if not practically feasible to do so within thirty (30) days. The chief of police shall, within ten (10) days after the conclusion of the meeting, make written findings of fact and conclusions, with respect to the complaints received and reviewed, and the proposed remedial action to be taken by the owner(s), manager(s), or other person(s) in charge or in possession of the property, as recommended by the chief of police. Such report shall note whether such remedial action was consented to by the parties attending such meeting.
If the criminal activity or nuisance activity complained of has or is being committed, facilitated or permitted by a tenant leasing the property, and such activity is a violation of the material terms of a lease agreement, and if the owner, manager(s), or person(s) in charge commences an action for eviction, in good faith, the village may reasonably assist in the eviction action by cooperating with the owner, manager(s) or person(s) in charge of the property, including, but not limited to, providing law enforcement officers or other municipal employees as witnesses regarding the nuisance activity if relevant.
1. Under the crime prevention partnership lease addendum, the owner or owner's agent must generally advise prospective tenants of the crime prevention partnership program, and have a signed lease for the rental of the property which identifies all tenants eighteen (18) years of age or older; include a provision in the lease requiring written notice of any guests who will be temporarily residing at the rental property more than seven (7) consecutive days; and inform each tenant in writing of the maximum occupancy restrictions for the property; and have all adult tenants sign the crime prevention partnership lease addendum. Upon request of a police or code enforcement official, it shall be a violation of this chapter for the owner or owner's agent to fail to provide a copy of the signed crime prevention partnership lease addendum.
2. The crime prevention partnership lease addendum shall provide in words and phrases, similar to those delineated below, that the tenant, any member of the tenant's household, any guest or any other person or persons associated with the tenant or his or her household:
a. Shall not engage in any criminal activity or violation of municipal codes or ordinances or any other violations of local, state or federal law on or near the rental unit, common areas or appurtenances;
b. Shall not engage in any act intended to facilitate any violation of local municipal ordinances or codes or any other violations as defined by local, state or federal law and/or obstruction or resistance of law enforcement efforts against criminal activity on or near the rental unit, common areas or appurtenances;
c. Shall not permit on or near the rental unit, common areas or appurtenances to be used for or to facilitate any violations of local municipal ordinances or codes or any other violation of local, state or federal law;
d. Should the tenant, any member of the tenant's household, any guest or any other person or persons associated with the tenant, or his/her household, violate any provisions stated herein on or near the rental unit, common areas or appurtenance, such a violation shall constitute a material noncompliance with the lease and shall further constitute grounds for termination of tenancy and eviction;
e. That the owner(s), manager(s) or other person(s) in charge of the property, and/or tenant(s) in possession thereof may raise any affirmative defense delineated in section 5-2-8 of this chapter;
f. This section is not intended to deter those persons in need of police, fire or paramedic services from calling for those services.
C. If, after complying with the procedures of subsection B of this section and within six (6) months from the date of the first confirmed case of criminal activity or nuisance activity after the meeting, the chief of police receives a report documenting the occurrence of a fourth or subsequent instance of criminal activity or nuisance activity upon the property, the property may be declared a chronic nuisance property.
D. It shall be a violation of this chapter for:
1. The owner, manager(s), person(s) in charge of the property in question to fail to implement, within sixty (60) days of the meeting with the chief of police or such other reasonable amount of time under the circumstances, a reasonable mitigation or abatement plan, as requested by the chief of police.
E. When any party affected by this chapter responds to and meets with the chief of police, as set forth in subsection B of this section, no statements made by that person in the meeting with the chief of police shall constitute an admission or be used in any judicial or quasi-judicial proceeding as an admission that any nuisance activity has or is occurring at or on the property. This subsection E shall not require the exclusion of any other evidence, otherwise admissible and offered for a purpose other than an admission against interest by that person making the statement. (Ord. 2016-54, 10-6-2016)