(A) Nuisance incident notice. Where the City Administrator or the Administrator’s designee determines that a specific premises or building is being operated in violation of § 130.42 of this chapter, or public officers have been dispatched to private property on a nuisance service call, as defined in § 130.36 of this chapter, the City Administrator or the Administrator’s designee may issue a written nuisance incident notice to the owner of the property, and may provide a copy thereof to any other interested parties. The nuisance incident notice may be served upon the owner of said premises by regular mail, to the address determined by the most recent property tax records maintained by the county for said premises. The service of a nuisance incident notice, as provided herein, shall be prima facie evidence that an owner or interested party in control of a building has knowledge of and has permitted subsequent conduct or behavior at said premises.
(B) Contents of the notice. The nuisance incident notice shall:
(1) Identify the type and specific location of nuisance service call(s), including tenant or lessee names where applicable;
(2) Summarize the evidence of the nuisance occurring on the property;
(3) Provide the dates on which the nuisance calls for service were made and the dates of any prior responses by public officers to nuisance incidents on the property; and
(4) Warn the owner, occupant and persons in control of the property that future nuisance service calls may subject them jointly and severally to an excessive nuisance service call fee in the amount of $250 or more, up to $2,000, based upon the actual cost of the law enforcement response.
(C) Abatement notice. Where the City Administrator or Administrator’s designee determines that public officers have been dispatched to two or more nuisance service calls, as defined in § 130.36 of this chapter and counted pursuant to verified incident and verified incident follow-up as defined in § 130.36 of this chapter, to the same property within a 365-day period, he or she shall cause a written abatement notice to issue to the owner of the property, and may provide a copy thereof to any interested parties. The abatement notice may be served upon the owner of said premises by regular mail, to the address determined by the most recent property tax records maintained by the county for said premises. The service of an abatement notice, as provided herein, shall be prima facie evidence that an owner or interested party served has knowledge of and has permitted subsequent conduct or behavior at said premises.
(D) Contents of the abatement notice. The abatement notice shall:
(1) Identify the type and specific location of nuisance service calls, including tenant or lessee names, where applicable;
(2) Summarize the evidence of the nuisance occurring on the property;
(3) Provide the dates on which the nuisance service calls were made and the dates of any prior
responses by public officers to nuisance incidents on the property;
(4) Warn the owner and interested parties that future nuisance service calls will subject them jointly and severally to an excessive nuisance service call fee in the amount of $250 or more, based upon the actual cost of the law enforcement response, up to $2,000, for each separate call. The costs of providing the excess law enforcement services shall include without limitation the gross salaries, including all fringes, benefits and overhead paid to the public officers responding, the pro rata cost of all equipment, including vehicles and K-9 officers, and the cost of repairs to any city equipment or property damaged in responding to the nuisance service call. The civil penalty will issue by the city and if left unpaid will be charged against the property and collected in the manner of a tax; and
(5) Advise the owner and interested parties that subsequent conduct in violation of this section may also subject them jointly and severally to criminal charges punishable by up to a $1,000 fine and 90 days in jail for each separate violation.
(E) Imposition of excessive nuisance service call fee. Property owners, tenants and other persons having control over a property shall be jointly and severally responsible for nuisance incidents occurring thereon and individually responsible for payment of any nuisance service call fee issued to that party hereunder. Where an abatement notice was properly served upon the owner and/or tenant of the property as set forth in division (C) above each successive nuisance service call within the same 365-day period shall result in a fee to that party in the amount of $250 or more based upon the actual cost of the law enforcement response, up to $2,000 for each separate call. The costs of providing the excess law enforcement services shall include without limitation the gross salaries, including all fringe benefits and overhead paid to the public officers responding, the pro rata cost of all equipment, including vehicles and K-9 officers, and the cost of repairs to any city equipment or property damaged in responding to the nuisance service call.
(F) Affirmative defenses. In the case of rental property, it shall constitute an affirmative defense to the issuance of an excessive nuisance service call fee by administrative citation that the property owner has commenced eviction proceedings against the tenant or tenants responsible for the nuisance conduct, conditions or characteristics. In the case of large public accommodations, it shall constitute an affirmative defense to the issuance of an excessive nuisance service call fee by administrative citation that the property owner or the owner’s property manager has entered into and complied with a memo of understanding with regard to security with the City Police Department.
(G) Appeal. Any party issued an excessive nuisance service call fee by administrative citation may appeal the citation by filing a written request for a hearing with the City Attorney’s Office within ten calendar days of the issuance of the citation. A hearing shall be held within 30 calendar days thereafter and may be conducted by the City Administrator or his or her designee. The owner of the property may be held responsible for the actual costs of the hearing.
(2004 Code, § 130.38) (Ord. 09-0521, passed 9-22-2009) Penalty, see § 130.99