(A) A complaint or report of suspected illegal activities constituting the use or sale of narcotics or controlled substances, or gambling, prostitution, or conduct constituting a nuisance pursuant to I.C. 32-30-7-1, by tenants, occupants and/or their visitors, guests, or invites 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 city shall be submitted to the Office of the Chief of Police of the city, 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 Police Department of the city whether to conduct an investigation.
(C) Upon completion of investigation by the Police Department of the city revealing that such suspected illegal activity is taking place at a particular premises, a warning letter shall be sent by the Police Department of the city to the owner of the real estate, and a copy to the tenant/ occupant whose premises is the subject of the investigation, by certified mail, return-receipt requested, informing the owner of the investigation revealing 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 Police Department of the city, if 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 to the owner of the real estate, by certified mail, return-receipt requested, shall inform the owner that such warrant was served, that the investigation at the premises is continuing, and that legal proceedings may be commenced pursuant to this subchapter. 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 Chief of Police, to the City 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, the City Attorney’s Office may proceed under I.C. 32-30-7-7 to abate or enjoin any suspected illegal activity as defined herein constituting a nuisance as defined in I.C. 32-30-7-1 and/or to advise the Police Department to issue a notice pursuant to this subchapter. The notice shall advise that legal proceedings may be instituted against the owner of real estate pursuant to this subchapter and shall also inform the owner of his or her choice to commence eviction proceedings.
(Prior Code, § 132.76) (Ord. 7992, passed 7-14-1996)