§ 149.07 CITATION FOR CRIMINAL ACTIVITY NUISANCE.

   (A)   Citation for Criminal Activity Nuisance. An owner that:

      (1)   Fails to meet with city officials in regards to a Notice of Criminal Activity Nuisance in the instance one is issued; or

      (2)   Fails to enter into or comply with a Code Enforcement recommended Resolution Agreement; or

      (3)   Otherwise fails to abate the criminal activity nuisance,

shall be issued a Citation for Criminal Activity Nuisance. Such Citation shall be issued in accordance with LMCO § 32.283(C) and in addition to one of the other methods for notice, posted on the property pursuant to subsection LMCO § 32.283(C)(4). The Citation shall meet all of the applicable notification requirements for a Notice of Criminal Activity Nuisance.

   (B)   Abatement actions. A Citation issued pursuant to this Chapter shall include a civil fine pursuant to LMCO § 149.99. Code Enforcement may also issue an order in accordance with this section when it is deemed necessary to protect the health and safety of the community. Such an Order may include any of the following actions:

      (1)   Upon sufficient proof shown, liability to the city for any and all costs incurred by the city or its agents for police service, emergency service, or any other city service reasonably related to a violation of this chapter.

      (2)   Revocation of the certificate of occupancy and/or an Order to Vacate to any current tenant/occupant.

      (3)   Revocation of an applicable occupational license or any other applicable license or permit issued by Louisville Metro Government.

      (4)   Discontinuance of the furnishing of utility service by Metro Government to the premises at which the nuisance exists.

      (5)   An Order of Closure for any commercial property for a period necessary to protect the health and safety of the community and to allow for the abatement of an ongoing criminal activity nuisance.

      (6)   Use any other legal remedy available under the laws of the state of Kentucky.

   (C)   Appeal to Code Board. The owner shall have the right to appeal a citation and/or order of abatement to the Louisville Metro Code Board pursuant to LMCO § 32.283(F). The Board shall make the following determinations and may take the following actions:

      (1)   Whether the property/premises is owned or operated in such a manner as to encourage, facilitate, enable, or permit illegal activity as defined by this chapter.

      (2)   Issuance of a civil fine consistent with LMCO § 149.99.

      (3)   Issue an Order(s) of Abatement consistent with subsection (B).

      (4)   If a Notice to Vacate and/or Close is before the Code Enforcement Board, a determination shall be made as to whether the Order shall be immediately enforceable based upon the requirements of LMCO § 149.08(C).

      (5)   The Board may institute a Resolution Agreement if agreed to by all parties in lieu of a fine and/or an abatement order.

   (D)   Tenant appellate rights. In addition to the owner, a current tenant directly impacted by an abatement order issued pursuant to this chapter may appeal to the Code Enforcement Board in accordance with § 32.283(F). Notice to the tenant shall be effectuated pursuant to LMCO § 32.283(C). In the instance that the tenant is unknown, notice shall be issued to "occupants."

   (E)   Appeal from final order. A Final Order of the Code Enforcement Board may be appealed to Jefferson District Court, in accordance with LMCO § 32.286. A trial de novo at District Court shall make the same determination as set forth in LMCO § 149.07(C).

(Lou. Metro Ord. No. 167-2022, approved 11-17-2022)