(A) The Town Council finds it to be in the best interests of the residents of the town and the general public to provide for the regulation of conduct it deems to be offensive; to prevent vice, disorder and immorality; and to promote public peace, health and safety, and to this end, the Town Council enacts this chapter.
(B) No owner of real estate located in the town shall knowingly allow that real estate to be used as a site for any use or sale of illicit narcotics or controlled dangerous substances, after having received written notice pursuant to I.C. 36-7-9-25, from the Town Marshal’s office that a present occupant or tenant of that property has been using or selling illicit narcotics or controlled dangerous substances, or allowing the using or selling of illicit narcotics or controlled dangerous substances at that property, or has otherwise been engaging in or allowing activity constituting a nuisance pursuant to I.C. 34-1-52-1. A legal or equitable owner of such real estate is deemed to have knowledge of such activity upon receipt of notice as set forth herein. For purposes of this chapter, an owner of real estate is defined as any person who alone or jointly or severally with others shall have legal or equitable title to any dwelling or dwelling unit.
(C) Notice is deemed to be given to the owner upon receipt of notice as indicated in division (B) of this section by the owner of record pursuant to the records and files of the DeKalb County or Stueben County Assessor’s Office.
(D) Nothing in this section shall be construed to encourage or authorize the discrimination by lessors against any person or persons based upon race, creed, religion, sex, age or national origin. Rather, it is the intent of this section to hold persons accountable for acquiescing in or participating in the continued use of his or her property as the location of illegal drug activity, after having received notice as set forth in division (B) of this section.
(Ord. 2003-10, passed 9-2-03) Penalty, see § 132.99