(a) Within fifteen business days of service of the notice of a disruptive property, the property owner may submit in writing a plan to the City Manager or his designated representative by which the property owner proposes to prevent further disruptive activities from occurring at the property. The time period for implementation of any proposed plan shall not exceed sixty days from the date of submission. The City Manager or his designated representative shall within fifteen business days of receipt of said proposal; either approves or disapproves of the proposal and provides the property owner with written notice of his/her decision. The denial of a plan by the City Manager or his designated representative may be appealed by the property owner pursuant to Section 692.05.
(b) If the City Manager or his designated representative determines that any subsequent disruptive activity occurred within six months after a property was declared a disruptive property, and the property owner failed to file either an appeal of the declaration pursuant to Section 692.05 or an approved plan to abate the disruptive property pursuant to subsection (a) above, the property owner may be assessed all costs incurred by the City in providing public safety services to the property in response to the subsequent disruptive activity. Within thirty days of the City incurring any costs set forth in this subsection, the City Manager or his designated representative shall present the property owner with a written demand for payment containing a description/summary of all costs incurred by the City and a notice that the property owner has the right to appeal the demand pursuant to Section 692.05. The written demand shall be delivered to the property owner in accordance with Section 692.03(b). Failure to pay any such costs of providing public safety services to the property shall be cause for the City to file either, or both, an in rem judgment against the property or an in personam (personal) action against the property owner(s) for recovery of the costs incurred by the City.
(c) Costs of providing public safety services shall be determined based on the time required to respond to the disruptive activity multiplied by an hourly rate based upon the wages and benefits of the public safety employee, dispatch costs, vehicle and equipment costs, and supervisory and administrative costs. The hourly rate may be adjusted based on the number of public safety employees required to respond to the disruptive activity.
(d) The City shall not assess any costs of providing public safety services to a property unless/until a final determination has been made by the Council on any appeal filed by the property owner pursuant to Section 692.05, or the property owner has failed to successfully implement a plan approved by the City Manager or his designated representative pursuant to subsection (a) above.
(Ord. 5038. Passed 9-23-09.)