(A) The Drug House Nuisance Administrator (hereafter referred to as the Administrator), shall be designated by the Mayor, and shall enforce, or coordinate the enforcement of, all of the provisions of this Code.
(B) Whenever the Administrator is notified that a structure or premises may be a public nuisance as a Drug House, as defined in this Code, the Administrator shall conduct an investigation into the matter to determine whether there exists a Drug House.
(C) If the Administrator determines there is insufficient evidence to determine the existence of a Drug House, he shall close his investigation and keep a file of the record of his investigation in accordance with the City’s record retention schedule.
(D) If the Administrator determines there is sufficient evidence to determine the existence of a Drug House he shall determine if the owner of the premises knew or reasonably should have known of the existence or likelihood of the drug activity.
(1) In determining if an owner “reasonably should have known of the existence or likelihood of the drug activity” an objective standard of a reasonable person shall be used, not the subjective knowledge of the actual owner.
(E) If the Administrator determines there is sufficient evidence to determine the existence of a Drug House and that the owner of the premises knew or reasonably should have known of the existence or likelihood of the drug activity, he shall so notify the Law Director who shall determine the appropriateness of legal proceedings to be instituted in accordance with any applicable provision of this Code.
(F) If the Administrator determines there is sufficient evidence to determine the existence of a Drug House and that the owner of the premises did not know or reasonably would not have known of the existence or likelihood of the drug activity, the Administrator shall issue a Determination of Public Nuisance and Order of Abatement to the owner of the premises.
(1) The owner shall have the right to appeal the Determination and Order to the Public Nuisance Appeals Board.
(Ord. 258-06. Passed 11-06-2006.)