The City Council may find that a public nuisance exists and the court shall order an abatement if the following conditions are established by the evidence presented at the public evidentiary hearing:
(A) The property has been the location of an act of prostitution or soliciting for prostitution as proven by the conviction of an individual for engaging in an act of prostitution or soliciting for prostitution at that location;
(B) A letter, informing the owner that an act of prostitution or soliciting for prostitution has occurred 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;
(C) The same property is again proven to be the location of an act of prostitution or soliciting for prostitution by the conviction of an individual for engaging, at that location, in any act prohibited by the laws of this city, or of any act prohibited by the laws of this state relating to prostitution or soliciting for prostitution; and
(D) The same property is the location within one year from the date of the first offense of an act of prostitution or solicitation for prostitution, 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.
(Ord. 506, passed 9-21-2004)