(A) When the Chief of Police and/or his or her designee receives two or more police reports documenting the occurrence of nuisance activities on or within 200 feet of a property, the Chief of Police and/or his or her designee shall independently review such reports to determine whether they describe the activities, behaviors, or conduct enumerated under § 1737.02. Upon such a finding, the Chief of Police and/or his or her designee shall notify the property owner that the property is in danger of becoming a chronic nuisance property. The notice shall contain the following information:
(1) The street address or a legal description sufficient for identification of the property;
(2) A statement that the Chief of Police and/or his or her designee has information that the property may be a chronic nuisance property, with a concise description of the nuisance activities that exist, or that have occurred. The Chief of Police and/or his or her designee shall offer the property owner an opportunity to propose a course of action that the Chief of Police and/or his or her designee agrees will abate the nuisance activities giving rise to the violation; and
(3) Demand that the property owner responds to the Chief of Police and/or his or her designee within ten days to discuss the nuisance activities.
(B) When the Chief of Police and/or his or her designee receives a police report documenting the occurrence of additional nuisance activity on or within 200 feet of a property after notification as provided by this article, the Chief of Police and/or his or her designee shall notify the property owner in writing that the property “has been determined to be a chronic nuisance property. The notice shall contain the following information:
(1) The street address or a legal description sufficient for identification of the property;
(2) A statement that the Chief of Police and/or his or her designee has determined the property to be a chronic nuisance property with a concise description of the nuisance activities leading to his or her determination;
(3) Demand that the property owner responds within ten days to the Chief of Police and/or his or her designee a course of action that the Chief of Police and/or his or her designee agrees abate the nuisance activities giving violation; and
(4) Service shall be made either personally or by first class mail, postage prepaid, return receipt requested, addressed to the property owner at the address of the property determined to be a chronic nuisance property as well as the address shown on the tax rolls of the county in which the property is located, or such other place which is likely to give the property owner notice of the determination by the Chief of Police and/or his or her designee.
(C) If the property owner fails to respond as required in this article, the Chief of Police may refer this matter to the City Attorney. Prior to referring this matter to the City Attorney, the notice shall also be posted on the 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 and/or his or her designee may postpone referring the matter to the City Attorney. If an agreed course of action does not result in the abatement within 60 days, the Chief of Police may refer the matter to the City Attorney.
(E) When a property owner makes a response to the Chief of Police and/or his or her designee as required any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any nuisance activities have occurred or are occurring. This division (E) does not require the exclusion of any evidence which is otherwise admissible or offered for any other purpose.
(F) The failure of any property owner to receive notice as provided shall not invalidate or otherwise affect the proceedings under this article.
(G) Any evictions that may result from abatement proceedings in accordance with this article shall be prima facie evidence that said evictions were not affected in violation of any federal, state, or local fair housing, human rights, or antidiscrimination laws.
(Ord. passed 10-1-2019)
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