(a) Any property owner who receives a notice of the issuance of a citation, summons or arrest for a disruptive activity at his/her property, a notice declaring his/her property a disruptive property, or a notice demanding payment for costs of providing public safety services to a disruptive property, may, within fifteen business days of the service date of the notice, appeal the notice to City Council. The Council shall conduct a hearing and render a decision in accordance with City ordinances and regulations governing its conduct and procedure. The property owner may prevail on appeal of any notice if the owner demonstrates that:
(1) He/she was not the owner at the time of any of the disruptive activity that was the basis of the notice;
(2) He/she had knowledge of the disruptive activity, but promptly and vigorously took all actions necessary to prevent the occurrence of future disruptive activity; or
(3) He/she had no knowledge of the disruptive activity and could not, with reasonable care and diligence, have known of the activity; and upon receipt of the notice of the declaration of the property as a disruptive property, he/she promptly took all actions necessary to prevent the occurrence of future disruptive activity.
(b) Upon appeal of a notice declaring his/her property a disruptive property, or a notice demanding payment for costs of providing public safety services to a disruptive property, if a property owner is able to demonstrate to the Council that an eviction action has been commenced in a court of law and that the property owner is actively prosecuting said eviction action against the offending tenant, then the Council shall order a stay of any/all further enforcement of this chapter by the City pending a determination by the District Judge or Cambria County Court of Common Pleas Judge on the eviction action. If the property owner is unsuccessful in the eviction action, then the property will no longer be classified as a disruptive property.
(c) Upon appeal of a notice declaring his/her property a disruptive property, or a notice demanding payment for costs of providing public safety services to a disruptive property, if a property owner is able to demonstrate to the Council that one or more of the citations, summons or arrests for disruptive activity, which was the basis of the declaration of disruptive property, is subject to a "not guilty" plea by the offending party, then the Council shall order a stay of any/all further enforcement of these provisions by the City pending a determination by the District Judge or Cambria County Court of Common Pleas Judge on the citation or summons. If the offending party is found to be "not guilty" on one or more of the citations or summons, then the property will no longer be classified as a disruptive property.
(d) The Council shall conduct a hearing on all appeals within sixty days of the filing date of each appeal, unless for good and sufficient cause the Council extends the time for a reasonable period not to exceed an additional sixty days.
(e) For good cause shown, to grant extensions of time in which to comply with the provisions of this chapter.
(Ord. 5038. Passed 9-23-09.)