(A) Initial response to nuisance event. After any police officer responds to any nuisance event and determines that there is a threat to the public peace, health, safety or general welfare, the police officer may serve a written notice of disorderly property to the responsible person or persons.
(B) Response to subsequent nuisance event.
(1) If, after a written notice of disorderly property is served/given pursuant to this subchapter, a subsequent nuisance event at the property within 90 days of the original event shall be construed as requiring extraordinary police measures, the responsible person or persons shall be jointly and severally liable for the costs incurred in providing the extraordinary police measures up to $500 per nuisance event.
(2) The imposition of the charges pursuant to this subchapter shall not constitute an election of remedies, thus disenabling the institution of criminal charges arising from the same incident should the event provide the necessary elements and basis therefor, nor shall the making of criminal charges prohibit the imposition of civil charges by reason of the need for extraordinary police and other municipal services.
(3) The charges made by the city pursuant to this subchapter shall be deemed due and owing upon service of notice as provided herein and if not paid within 30 days shall be subject to a 10% of the amount due, late penalty. The city reserves the right to seek reimbursement for costs exceeding $500 through other legal remedies or procedures. The City Council may, from time to time, by resolution duly enacted amend the amount of the charges prescribed above.
(4) In the event the fees/charges and penalties, if any, prescribed by this subchapter are not paid as provided for herein, any such unpaid amounts may be certified by city to the County Auditor for payment by the owner of the property as in the case of special assessments levied upon the owner of the property whereat the calls deemed extraordinary were rendered.
(C) Costs; collection. The Chief of Police or his or her designee, or Public Safety Director, shall notify the City Finance Office in writing concerning the imposition of charges for extraordinary police measures, including of the provision of extraordinary police measures, and shall include in such notification the name and address of the responsible person or persons, the date and time of the nuisance event giving rise to the measures, and a description of the police measures provided, complete with a detailed breakdown of the costs for such measures. The Finance Office Director shall make the appropriate billings and take all steps necessary and available to effect collection thereof upon them.
(D) Administrative Appeal. An administrative appeal of the fee or charges for extraordinary police measures may be made to the City Council. Request for an appeal hearing shall be submitted to the City Finance Office Director within 10 days of receipt of the billing. The request for an appeal shall state with specificity the grounds for appealing the charges, and shall state the exact relief requested. The Council may modify or excuse the charges upon a finding that the appellant made a good faith effort to prevent or remedy the situation that led to the fee, or that the required notice was not served upon the responsible person.
(Ord. 434, passed 6-25-07)