Whenever the Chief of Police or authorized representative of the city reasonably believes that any premises constitutes a public nuisance as described in this chapter, he or she may give written notice to the person who owns or controls the premises stating that a nuisance exists and identifying reasonable abatement measures that must be taken within 30 days of a notice. The notice shall be in writing and may be served in person or sent by first class mail to the last known address of the person alleged to own or maintain the premises in question. The notice shall provide the recipient with contact information and give a reasonable opportunity to meet with a representative of the city to discuss the allegations in the notice and the need for abatement measures. In any proceeding held according to this chapter, when the city establishes by a preponderance of the evidence that the premises for which a notice had been sent is a nuisance as described in this section, the failure to implement the abatement measures identified in the notice, or subsequently agreed to within the 30-day period following the notice, or within any other agreed upon period, shall create a presumption that the person who owns, manages or controls the premises has encouraged or permitted illegal activity in violation of this chapter. The presumption may be rebutted only by a preponderance of the evidence.
(Ord. 2014-8, 2013; Ord. 2003-1 § 1, 2002).