When the Chief of Police receives two or more reports documenting the occurrence of a nuisance on or within a property during any 180-day period, as a result of any two separate factual events, the Chief of Police shall independently review such reports to determine whether they constitute nuisances. Upon such findings, the Chief of Police may:
(A) Notify the person in charge in writing that the property is a chronic nuisance property. The notice shall contain the following information:
(1) The street address or a legal description sufficient for identification of the property;
(2) A statement that the Chief of Police has information that the property may be a chronic nuisance property, with a concise description of the nuisance activities that may exist, or that have occurred. The Chief of Police shall offer the person in charge an opportunity to propose a course of action that the Chief of Police agrees will abate the nuisance activities giving rise to the violation;
(3) Demand that the person in charge respond to the Chief of Police within ten days to discuss the nuisance activities; and
(4) In the event the person in charge proposes a course of action that the Chief of Police agrees will abate the nuisance activities giving rise to the violation and complies with such course of action, upon any such additional conditions as the Chief of Police deems reasonable, the property will no longer be considered a chronic nuisance property unless another nuisance arises within the 180-day period following completion of the proposed course of action;
(B) After complying with the notification procedures described herein, when the Chief of Police receives a report documenting the occurrence of a third nuisance activity at or within a property during any 180-day period, as a result of any three separate factual events, and determines that the property has become a chronic nuisance property, the Chief of Police shall:
(1) Notify the person in charge in writing that the property has been determined to be a chronic nuisance property. The notice shall contain the following information:
(a) The street address or legal description sufficient for identification of the property;
(b) A statement that the Chief of Police has determined the property to be a chronic nuisance property with a concise description of the nuisance activities leading to his/her findings; and
(c) Demand that the person in charge respond within ten days to the Chief of Police and propose a course of action that the Chief of Police agrees will abate the nuisance activities giving rise to the violation;
(2) Service shall be made either personally or by first class mail, postage prepaid, return receipt requested, addressed to the person in charge at the address of the property determined to be a chronic nuisance property, or such other place which is likely to give the person in charge notice of the determination by the Chief of Police;
(3) A copy of the notice shall be served on the owner at such address as shown on the tax records of the property if the owner is different than the person in charge, and shall be made either personally or by first class mail, postage prepaid;
(4) A copy of the notice shall also be posted at the property after ten days has elapsed from the service or mailing of the notice to the person in charge, and the person in charge has not contacted the Chief of Police;
(5) The failure of any person to receive notice that the property has been determined to be a chronic nuisance property shall not invalidate or otherwise affect the proceedings under this chapter;
(6) If after the notification, but prior to the commencement of legal proceedings by the city pursuant to this chapter, a person in charge stipulates with the Chief of Police that the person in charge will pursue a course of action the parties agree will abate such nuisance activities giving rise to the violation, the Chief of Police may agree to postpone legal proceedings for a period of not less than ten, nor more than 30 days;
(7) Concurrent with the notification procedures set forth herein, the Chief of Police shall maintain copies of the notice, as well as any other documentation, which supports legal proceedings; and
(8) In the event the owner or person in charge proposes a course of action that the Chief of Police agrees will abate the nuisance activities giving rise to the violation and complies with such course of action, upon any such additional conditions as the Chief of Police deems reasonable, the property will no longer be considered a chronic nuisance property unless another nuisance arises within the 180-day period following completion of the proposed course of action.
(Ord. 2019-4, passed 4-10-2019) Penalty, see § 95.99