(a) The Chief of Police or his designee, upon finding that two or more nuisance activities, or one felony drug activity, declared in this section have occurred within any six month period, may cause a written notice and order to be served on the owner of the property advising that such property, upon the occurrence of an additional nuisance activity or felony drug activity, will be deemed a chronic nuisance property. The notice shall contain the following information:
(1) The street address or a legal description sufficient to identify the property.
(2) A statement detailing the nature of the nuisances, the estimated costs to abate any future nuisances, and that the owner may avoid being charged the costs of abatement by taking steps to prevent any further nuisance activity as set forth in this section.
(3) A statement that if a third or subsequent nuisance activity or second felony drug activity as declared in this section occurs within six months of the dates of the first two nuisance activities or first felony drug activity, the City will deem the property a chronic nuisance property, and may abate the nuisance by responding to the activities using administrative and law enforcement actions, and the costs of such abatement shall be assessed on the nuisance property.
(b) Notice shall be deemed properly served by the following methods:
(1) Sent by first class mail to the address of the owner as listed in the County Auditor’s office and posted on the front door or other conspicuous location of the property that is subject to the notice; or
(2) Delivered in person to the owner.
(c) Return of service shall be made by affidavit of the person serving, mailing or posting such notice, and when notice is given by mail, such affidavit shall identify the property by County Auditor's parcel number and shall show the name and address of the person to whom the notice was mailed and the date of mailing.
(d) If within six months after the two nuisances or first felony drug activity referred to in division (a) of this section has occurred, a third nuisance activity or second felony drug activity as declared in this section occurs, the City shall notify the owner that the property has been deemed a chronic nuisance property and direct the owner to abate the nuisance. If the owner has not done so within thirty days, the City may abate the nuisance by responding to the activity using administrative and law enforcement actions.
(1) Notice shall be posted on the premises or at the site of the nuisance directing the responsible party to abate the nuisance. A copy of the notice shall be forwarded by first class mail to the address of the owner as listed in the County Auditor's office. Personal service may be used in lieu of posting and mailing.
(2) The notice to abate shall contain:
A. The street address or a legal description sufficient to identify the property.
B. A direction to abate the nuisance within thirty calendar days from the date of the notice.
C. A description of the nuisance.
D. A statement that, unless the nuisance is removed, the City may abate the nuisance and the cost of abatement shall be charged to the owner or assessed against the property, or both.
(e) The owner of a nuisance property who receives a notice from the Chief of Police or his designee pursuant to this section may appeal such notice by submitting a written request for a hearing. The hearing shall be conducted by the City Manager or his or her designee. The City Manager shall determine whether there is sufficient evidence to support the designation of the subject property as a chronic nuisance property. All witnesses shall be sworn and a record of the proceeding shall be kept. The City Manager or his or her designee shall issue a written decision within thirty days of the hearing. Any such appeal shall not stay any actions by the City to abate any subsequent nuisance activity.
(Ord. O2015-24, passed 7-7-2015; Am. Ord. O2017-40, passed 9-19-2017)