(A) Determination of criminal activity nuisance. Once established that a property is a persistent illegal activity property, the Department of Codes and Regulations shall make a determination as to whether to issue a Notice of Criminal Activity Nuisance. This determination shall be based upon procedures and protocol established by the Department of Codes and Regulations that shall take into account all relevant facts. All incidents of domestic or sexual violence or other crimes in which utilizing this ordinance may have negative public policy implications including discouraging the reporting of crimes by the victims of those crimes, shall not be considered for the purposes of this chapter.
(B) Criminal activity nuisance. Based upon the factors referenced in subsection (A) Code Enforcement shall make the following determination: whether the property/premises is owned or operated in such a manner as to encourage, facilitate, enable, or permit persistent illegal activity as defined by this chapter.
(C) Determination of criminal activity nuisance. Code Enforcement, following consideration of subsections (A) and (B), shall make one of the following determinations within 30 days of receipt of a referral for a persistent criminal activity property from a law enforcement agency:
(1) That the circumstances of the alleged criminal activity do not warrant the issuance of a Notice of Criminal Activity Nuisance, no further action shall be taken; or
(2) If it is determined that the owner is in violation of this chapter in that their property/premises is owned or operated in such a manner as to encourage, facilitate, enable, or permit persistent illegal activity as defined in this chapter, the property/premises shall be considered a criminal activity nuisance and a Notice of Criminal Activity Nuisance shall be issued, following procedures set forth in subsection (D).
(D) Code Enforcement procedures. Upon a determination that a property is a criminal activity nuisance, Code Enforcement shall notify the owner and tenant(s) of the property of such determination pursuant to LMCO § 32.283(C) which shall include posting the Notice pursuant to subsection LMCO § 32.283(C)(4). In addition to following the requirements of LMCO § 32.283 and LMCO § 149.05 the Notice shall provide the following information:
(1) A statement that the premises identified in the notice has been determined to be a criminal activity nuisance; and
(2) A street address, parcel number, or legal description sufficient to identify the property; and
(3) A description of the illegal activities supporting the determination that the premises is a nuisance under this section, and the date on which the illegal activities comprising the nuisance occurred; and
(4) The owner's and/or tenant's opportunity to request in writing, by the date certain set forth in such notice or by an agreed upon date between interested parties, a meeting with Code Enforcement and/or local law enforcement, which may include legal representation, to discuss the allegations contained in the Notice and the need for abatement measures at the premises. Notification shall also be provided that at such meeting(s), the owner and/or tenant may enter into a possible Resolution Agreement with the city to abate the nuisance activity; and
(5) Information as to whom a written request for such meeting should be sent and the date certain by which such written request must be received by Code Enforcement; and
(6) That if the owner fails to meet with appropriate city officials in a timely manner or fails to enter into a recommended resolution agreement with Louisville Metro Government or otherwise fails to abate the nuisance under this chapter, a Citation may thereafter be issued.
(7) That if the tenant fails to meet with appropriate city officials in a timely manner or fails to enter into a recommended resolution agreement with Louisville Metro Government or otherwise fails to abate the nuisance under this chapter, that actions may be taken to remedy the ongoing criminal nuisance including that a Citation and/or an Order to Vacate and/or Close may be issued against the property which could potentially directly impact the interests of the tenant.
(E) Appeal of a Notice of Criminal Activity Nuisance. A Notice of Criminal Activity Nuisance shall not be appealable to the Code Enforcement Board and shall not be considered a pre-requisite for the issuance of a Citation or an order pursuant to LMCO § 149.07(B) when the issuance of a Notice under this chapter is not considered warranted by Code Enforcement.
(Lou. Metro Ord. No. 167-2022, approved 11-17-2022)