The City Council may find and that a public nuisance exists and the court shall order the abatement if the following conditions are established by the evidence presented at the public evidentiary hearing and before the court:
(A) The property has been searched by the police and illegal controlled substances or illegal controlled substances or illegal drug paraphernalia have been found by the police;
(B) The property has been the location of a violation of the state controlled substance law or of the state drug paraphernalia law as evidenced by conviction of an individual for violation of either at that location, provided a reasonable person could directly associate the individual and the property through residence, patronage or by habit;
(C) A letter, informing the owner that an illegal controlled substance and/or illegal drug paraphernalia has been found by the police at the property or that a drug-related or drug paraphernalia related crime has been committed on the property, and of the potential consequences if similar activity occurs at the property, has been personally served on an owner, or sent by certified mail to an owner as provided for in this subchapter and a return receipt card has been received by the city; and
(D) The same property is searched by police again within one year from the date of the first search and a controlled substance or drug paraphernalia is found by police and which directly leads to a conviction even if the conviction is for a crime which is different than the one originally charged because of a court approved plea bargain agreement, or, if within one year, a subsequent violation of the controlled substances act or the drug paraphernalia law occurs which directly leads to a conviction even if the conviction is for a crime is lesser than the one originally charged.
(Ord. 506, passed 9-21-2004)