(A) Provided the owner of record or agent thereof, and any known manager, of a premises have been served with a written notice by certified mail, return receipt requested, advising that the Chief of Police has determined that the landlord is in violation of § 132.02, and has failed to comply with the provisions of that section within ten business days of the date of service of such notice, or to file an appeal within such period as provided herein, then the city may file an action for injunctive relief or utilize any other remedy provided by law to compel compliance, including but not limited to, all remedies available to abate a nuisance.
(B) For purposes of this section, the written notice shall also identify the offending tenant(s), unit number if applicable, and the specific violation(s), and shall state the date(s) and time(s) of any observed criminal activity and any resulting arrest(s), and shall further state that as to such tenant(s) the landlord is required to serve and diligently prosecute either a three day notice to quit or a 30 day notice to vacate. The term
DILIGENTLY PROSECUTE means such prosecution by the landlord as is necessary to cause the subject rental unit to be completely vacated by all occupants. No such vacated rental unit may be re-rented, leased or otherwise re-occupied by the prosecuted tenant(s) prior to the expiration of a 12 month period following the vacation of the rental unit by the tenant(s).
(C) The required notice shall also state that within such ten day period, the landlord may file a written appeal of the determination of violation with the City Manager who shall cause the matter to be set for hearing. Written notice of the date and time of such hearing shall be served by, first class mail addressed to the landlord's last known business address. Following the conclusion of the hearing, the City Manager may affirm, reverse or reverse subject to conditions, the Police Chief's determination of violation. The City Manager's decision shall be based upon written findings and shall be final.
(D) In the event no appeal is timely filed or an appeal is denied, the city may immediately proceed to enforce the provisions of this chapter against such landlord by way of criminal or civil code enforcement action, including an action for injunctive relief, or by any other remedy provided by law to compel compliance including, but not limited to, all remedies available to abate a nuisance.
(E) A court rendering a judgment pursuant to this section may, in addition to any other penalty or remedies provided by law, impose a civil penalty in the maximum amount permitted by law, payable to the city, and/or require the payment of the City Attorney's fees, costs of investigation, and discovery and court costs.
(Ord. 1275, passed 5-17-00)