A declaration of a public nuisance under the authority of this subchapter shall occur only in accordance with the following procedure:
(A) A declaration may occur only after there has been notice given to the owner of the property and the owner has had an opportunity to be heard at a public evidentiary hearing before the City Council.
(B) Notice of the public evidentiary hearing shall be given to the owner and shall consist of personal service or the mailing of a certified letter to the owner at the address indicated by the city assessor’s records, the records of Register of Deeds of the county and the records of the city’s Building and Engineering Department. The notice shall state the nature of the alleged nuisance and the time, date and location of the hearing. If the notice is served by certified mail, it shall be delivered with a return receipt requested according to the practices of the post office. Receipt of the return receipt card by the city indicating the owner’s has received the notice shall be deemed notice to the owner. The notice to an owner shall occur at least seven calendar days prior to the date of the public hearing. As used in this subchapter, THE OWNER, AN OWNER or OWNER shall mean any and all person that the city is aware of who have or who may have an ownership as defined in this subchapter. Whenever this subchapter provides for notice to the owner, it shall be construed to mean that notice shall be given to all persons having a known ownership interest as so defined.
(C) The City Council, sitting as an administrative body, and acting a quasi-judicial capacity, shall make a determination as to whether a public nuisance exists under the standards established by this subchapter. The City Council shall make this determination based solely upon the evidence presented at the public evidentiary hearing. In conducting the public evidentiary hearing, the City Council shall afford the owner and the Police Department an opportunity to present relevant and material evidence and to make arguments as to factual or legal issues. Cross-examination of opposing witnesses shall be permitted. The owner may appear in person or be represented by an attorney. Lay representation is not permitted. In conducting its public evidentiary hearing, the City Council shall not be bound by rules of evidence and may admit and give weight to probative evidence of a nature that is commonly relied upon by reasonably prudent individuals in the conduct of their affairs. Irrelevant, incompetent and immaterial evidence and unduly repetitious evidence shall be excluded.
(D) The owner may, at any time during the proceedings, enter into a good neighbor agreement with the City Council, and so long as the good neighbor agreement remains in effect, no further action may be taken by City Council to declare the property a nuisance, keeping in mind the purpose of this subchapter is to rid the community of drug activity, not take or deny an owner of the casual use of his or her property as a matter of course. However, after a determination that a nuisance exists, the owner may not enter into a good neighbor agreement with the City Council.
(Ord. 506, passed 9-21-2004)