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692.02   DISRUPTIVE PROPERTY DEFINED.
   (a)   "Disruptive activity" shall be any form of conduct, action, omission, incident or behavior perpetrated, caused or permitted on a property by the owner(s), tenant(s), occupant(s) or their invitee(s) of the property, which constitutes a violation of any of the following Codified Ordinances of the City of Johnstown, and/or statutes of the Commonwealth of Pennsylvania:
      (1)   Any public order offense under Chapter 610 (Alcohol Beverages), Chapter 646 (Minors; Section 646.01: Curfew), Chapter 658 (Peace Disturbances), Chapter 670 (Sex Related Offenses), Chapter 690 (Weapons and Explosives), and/or 18 Pa.C.S.A. §5501 (Riot), 18 Pa.C.S.A. §5502 (Failure to Disperse), 18 Pa.C.S.A § 5503 (Disorderly Conduct), 18 Pa.C.S.A. §5505 (Public Drunkenness), 18 Pa.C.S.A. § 5506 (Loitering), 18 Pa.C.S.A. §5512 (Lotteries), 18 Pa.C.S.A. §5513 (Gambling Devices, Gambling), or Pa.C.S.A. §5514 (Pool Selling and Bookmaking);
      (2)   18 Pa.C.S.A. §4304 (Endangering the Welfare of Children), 18 Pa.C.S.A §6110.1 (Possession of Firearm by Minor), 18 Pa.C.S.A §6301 (Corruption of Minors), 18 Pa.C.S.A. §6308 (Purchase, Consumption or Possession of Alcoholic Beverages), 18 Pa.C.S.A. §6310 (Inducement to Buy Alcoholic Beverages), 18 Pa.C.S.A. §6310.1 (Selling or Furnishing Alcoholic Beverages to Minors), 18 Pa.C.S.A §6310.7 (Selling or Furnishing Nonalcoholic Beverages to Minors) or 18 Pa.C.S.A. §6319 (Solicitation of Minors to Traffic Drugs) of the Pennsylvania Crimes Code;
      (3)   Pennsylvania Uniform Firearms Act, 18 Pa.C.S.A. §6101 et seq.;
      (4)   Any violation related to the maintenance of a property free from noxious weeds, excessively high grass and refuse under Chapter 1890 (Weeds) of the Codified Ordinances of the City of Johnstown;
      (5)   18 Pa.C.S.A §5901 (Open Lewdness), 18 Pa.C.S.A §5902 (Prostitution), 18 Pa.C.S.A. §5903 (Obscene and Other Sexual Materials and Performances), or 18 Pa.C.S.A §5904 (Public Exhibition of Insane or Deformed Person);
      (6)   Any offense relating to and against property under provisions contained in Chapter 654 of the Codified Ordinances of the City of Johnstown;
      (7)   Any sanitation violation under Section 1060.16(a) and (b) (Unlawful Placement or Scattering of Refuse) of the Codified Ordinances of the City of Johnstown, or 18 Pa.C.S.A. §6501 (Scattering Rubbish);
      (8)   Any animal offense under Chapter 614 (Animals) of the Codified Ordinances of the City of Johnstown; or 18 Pa.C.S.A §5511 (Cruelty to Animals); and
      (9)   Any violation of the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act. 35 RS. §780-101 et seq.
   (b)   When the City Manager or his designated representative determines that the owner(s), tenant(s) or occupant(s) of a property or any person present at a property with the permission and knowledge of the owner(s), tenant(s) or occupant(s), has either been arrested or issued a citation or summons for disruptive activities occurring on the property on three separate occasions within any sixty day period, the City Manager or his designated representative may declare the property to be a disruptive property and proceed with the notice and enforcement procedures set forth in this chapter.
   (c)   For rental properties containing two or more rental units, each individual rental unit shall be considered a "property" for purposes of enforcement of this chapter. Thus, requiring that three separate citations, summons and/or arrests for disruptive activity must be made involving the same rental unit in order to declare the individual rental unit a disruptive property. Any occurrence of disruptive activity in the common area or curtilage of a rental property shall be charged to the specific rental unit that the actor occupies and not the property in whole.
   (d)   After a property has been declared a disruptive property, if law enforcement authorities are not called upon to respond to any disruptive activities for a period of twelve consecutive months, then the property will no longer be classified as a disruptive property.
   (e)   Any citation, summons or arrest for disruptive activity perpetrated by a tenant who is already in the process of being evicted, shall not count towards the declaration of a disruptive property pursuant to subsection (b) above, provided that the property owner can prove 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 tenant.
(Ord. 5038. Passed 9-23-09.)
692.03   NOTICE.
   (a)   The City shall provide written notice to the owner of any property at which a citation, summons or arrest has been made for a disruptive activity. A separate notice shall be provided to the property owner for each citation, summons or arrest made for a disruptive activity occurring on a property.
   (b)   The notice identified in subsection (a) above shall be deemed to be properly delivered if sent either by first-class mail to the property owner's registered address or, if unavailable, to the property owner's last known address or as may be found in public records, or if delivered in person to the property owner or left at the property owner's usual place of abode in the presence of a competent member of the family at least eighteen years of age or a competent adult residing there. If an adult residing at the current address cannot be located, notice shall be deemed sufficient if posted on the potential disruptive property, and a copy of the notice is sent via first-class mail to the last known address of the property owner.
   (c)   The notice required by subsection (a) above shall contain the following information:
      (1)   The street address or legal description sufficient for identification of the property;
      (2)   A description of the disruptive activity and the date on which the citation, summons or arrest was made;
      (3)   A statement that the property is declared as a disruptive property, or, if the property has not yet been declared a disruptive property, a statement of the number of subsequent citations, summons and or arrests for disruptive activity which will result in such a declaration;
      (4)   If the property has been declared a disruptive property, a statement that the occurrence of any subsequent disruptive activity at this property within six months following the date of the notice, may result in the property owner being charged with the costs of the administrative and law enforcement actions taken by the City in response to the disruptive activity;
      (5)   Notice of property owner's rights to appeal pursuant to Section 692.05 and to obtain, upon written request for such, copies of all documentation supporting the City Manager or his designated representative's determination that disruptive activity has occurred at the property; and
      (6)   A statement that the property owner shall within ten days of the date of the notice respond to the City Manager or his designated representative in writing stating either:
         A.   The intent of the property owner to appeal the finding of the City Manager or his designated representative, or his/her designee; or
         B.   A proposal detailing a course of action by which disruptive activities will be abated at the property.
(Ord. 5038. Passed 9-23-09.)
692.04   ABATEMENT OF DISRUPTIVE PROPERTIES.
   (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.)
692.05   APPEAL.
   (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.)
692.06   HEARINGS.
   (a)   The Council in conducting shall conduct all appeal hearings and render all decisions in accordance with the requirements of the Pennsylvania Local Agency Law, 2 Pa.C.S.A §§ 551 et seq., & 751 et seq.
   (b)   All hearings before the Council shall be open to the public, are subject to the scheduling and public notice in accordance with 65 Pa. C.S. §§ 701-716 (relating to Sunshine Act).
   (c)   The Council shall affirm, modify or reverse the decision of the City's administrative staff by a concurring vote of the majority of its members.
   (d)   A Council member shall neither participate in the hearing of, nor vote on, an appeal in which that member has a personal, professional or financial interest.
   (e)   The records of all minutes and actions shall be kept of all proceedings in the Office of the City Clerk, and maintained under the Commonwealth of Pennsylvania's Record Retention Act.
(Ord. 5038. Passed 9-23-09.)
692.07   FAILURE TO ABATE DISRUPTIVE ACTIVITY.
   If after a property has been declared a disruptive property pursuant to the provisions of this chapter and no appeals pursuant to Sections 692.05 and 692.06 remain pending, the City's Police and Fire Departments is called upon to respond to disruptive activity occurring at the property on three separate occasions within one year time period following the declaration of disruptive property, such property is hereby deemed to be a public nuisance, which shall result in filing of misdemeanor charges against the owners(s) and/or occupant(s) of the disruptive property, as may be applicable by provisions of the Pennsylvania Crimes Code.
(Ord. 5038. Passed 9-23-09.)
692.08   OTHER LEGAL ACTIONS NOT AFFECTED.
   The declaration of disruptive property or the charging or assessment of costs by the City under this chapter, do not affect or limit the City's right or authority to bring criminal prosecutions or other legal actions against any person(s) for violation of the Codified Ordinances of the City of Johnstown, or other applicable Commonwealth of Pennsylvania's statutes.
(Ord. 5038. Passed 9-23-09.)
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