(A)   A complaint or report of suspected illegal activities constituting the use or sale of narcotics or controlled substances, or conduct constituting a nuisance pursuant to I.C. 34-1-52-1, by tenants, occupants and/or their visitors, guests or invitees as observed by the lessor, third persons such as other tenants of the property, or persons residing or working in the vicinity of the property, or city officials, and/or representatives of agencies and/or departments of the town shall be submitted to the office of the Town Marshal and each such report or complaint shall be individually logged in that office.
   (B)   Upon receipt of any report or complaint of such suspected illegal activities on real estate premises, a determination shall be made by the town, Town Marshal, and/or other law enforcement agencies as to the need for and nature of any further investigation including, but not limited to, the necessity for surveillance by the Town Marshal of such real estate premises.
   (C)   Upon completion of the investigation by the Town Marshal revealing that such suspected illegal activity is taking place at a particular premises, a warning letter shall be sent by the Town Marshal to the owner of the real estate and a copy to the tenant/occupant whose premises are the subject of the investigation, by certified mail, return receipt requested, informing the owner that the investigation revealed the suspected illegal activity and the fact that there is an ongoing investigation. The warning letter shall inform the owner of his or her choice to take action to abate such suspected illegal activity and of the intent of the Town Marshal, it its ongoing investigation indicates such suspected illegal activity has not ceased, to take further legal action.
   (D)   Once a search warrant has been obtained to search the real estate premises for narcotics or controlled substances, or for any other evidence related to such suspected illegal activity, a second letter shall be sent which shall inform the owner that the warrant was served, that the investigation at the premises is continuing and that legal proceedings may be commenced pursuant to this chapter. The letter shall inform the owner of his or her choice to take some form of remedial action. A copy of the letter shall be sent to the Town Marshal, the town attorney’s office and to the tenant/occupant of the premises for which a search warrant is obtained.
   (E)   Upon receipt of a copy of the second letter issued under division (D) of this section, the town attorney’s office may proceed under I.C. 34-1-52-2(b) to abate or enjoin any suspected illegal activity as defined herein constituting a nuisance as defined in I.C. 34-1-52-1, and/or to advise the Town Marshal to issue a notice pursuant to § 132.01. The notice shall advise that legal proceedings may be instituted against the owner of the real estate pursuant to this chapter and shall also inform the owner of his or her choice to commence eviction proceedings pursuant to § 132.04.
(Ord. 2003-10, passed 9-2-03) Penalty, see § 132.99