(a) When the Chief of Police and/or his designee receives one (1) or more report documenting the occurrence of nuisance activities on or within 200 feet of a property, that person shall independently review such report(s) to determine whether they describe the activities, behaviors or conduct set forth in Section 549.03
. Upon such finding, the Chief of Police or his designee shall notify the property owner that the property is in danger of becoming nuisance property, and this Notice shall contain the following information:
(1) The street address or legal description sufficient for identification of the subject property.
(2) A statement that the Chief of Police or his designee has information the property may be a chronic nuisance with a concise description of the nuisance activities which exist or have occurred. The Chief of Police or designee shall offer the property owner an opportunity to propose a course of action that the Chief of Police or his designee agree will abate the nuisance activities giving rise to the violation(s).
(3) Demand the property owner respond to the Chief of Police or his designee within ten (10) days to discuss the nuisance activities.
(b) When the Chief of Police or his designee receives a report documenting the occurrence of additional nuisance activity on or within 200 feet of a property after prior notification as provided above, the Chief of Police or his designee shall notify the property owner in writing that the property has been determined to be a chronic nuisance property, which notice shall contain the following:
(1) The street address or legal address sufficient for identification of the property.
(2) A statement the Chief of Police of his designee has determined the property to be a chronic nuisance property with a concise description of the nuisance activities leading to such determination.
(3) Demand the property owner respond within ten (10) days to the Chief of Police or designee and propose a course of action the Chief of Police or designee agree will abate the nuisance activities giving rise to the violation.
(4) Service of such notice shall be made personally or by certified mail, return receipt requested, addressed to the property owner at the address of the property determined to be a chronic nuisance property, the address as shown on the tax rolls of the county where the property is located for ownership of the property, and if known, any other place or address likely to give the property owner notice of this determination.
(c) If the property owner fails to respond as required, the Chief of Police may refer this matter to the Town Attorney after first posting the notice on the subject property.
(d) If the property owner responds as required and agrees to abate the nuisance activities giving rise to the violation, the Chief of Police or his designee may postpone this referral to the Town Attorney. If an agreed upon course of action does not result in abatement within sixty (60) days, the Chief of Police may refer the matter to the Town Attorney.
(e) When a property owner makes a response to the Chief of Police or his designee as required, any conduct or statement made in connection with the furnishing of that response shall not constitute an admission that any nuisance activities have occurred or are occurring; however this does not exclude any evidence which is otherwise admissible or offered for any other purpose.
(f) The failure of any property to receive notice as provided here shall not invalidate or otherwise affect these proceedings.
(g) Any evictions which may result from these abatement proceedings shall be prima facie evidence that such evictions were not effected in violation of any federal, state or local Fair Housing, Human Rights or anti-discrimination laws. (Passed 3-17-14)