(A) The New Albany Police Department shall issue citations to individuals exhibiting nuisance behavior. All offenders shall be cited into the Floyd County Court.
(B) During the City Attorney's prosecution of the citation, he or she shall determine whether the nuisance behavior occurred upon real estate owned by a person other that the person to whom the citation was issued. Within ten days after the City Attorney holds an initial conference on a citation, he or she shall send notice of the citation to the owner of the real estate upon which the nuisance behavior occurred.
(C) A legal or equitable owner of real estate is deemed to have knowledge of the nuisance behavior upon receipt of the notice required herein. For the purposes of this subchapter, an
OWNER OF REAL ESTATE is defined as any person who alone, or jointly, or severally with others is reflected as the owner of record in the office of the Floyd County Auditor.
(D) The New Albany Board of Works and Safety shall declare any real estate a public nuisance if it finds, after written notice to the owner and a hearing held not less than ten days after the owner's receipt of notice, that nuisance behavior has been cited by the New Albany Police at that location more than three times in any six-month period. The owner may defend against such a public nuisance finding by showing that the Floyd County court found that the alleged nuisance behavior did not occur. The City Attorney shall notify the owner, in writing, of the Board's determination.
(Ord. G-98-275, passed 11-2-1998)