(A) Any premises used for prostitution; illegal gambling; illegal possession, storage or delivery of or trafficking in controlled substances, or other illegal drug activity is hereby declared to be a public nuisance; provided that no public nuisance or violation of this section shall be deemed to exist unless:
(1) The property is used for two or more such offenses or incidents within any 12- month period; and
(2) The offense for which the property is used is punishable by imprisonment for a term not to exceed state law.
(B) Any person who owns, manages or controls any premises and who:
(1) Encourages or permits an illegal activity described in division (A) above to occur or continue on such premises; or
(2) Fails to implement reasonable and warranted abatement measures identified in the notice issued pursuant to division (C) below, or subsequently agreed to, or other abatement measures which successfully abate the nuisance within the 30-day period following the notice, or within any other agreed upon period, shall be subject to a fine in an amount not to exceed state law.
(C) The Chief of Police, Mayor or other authorized representative of the city may bring an action to abate a public nuisance described by this section in the City Municipal Court.
(1) The Chief of Police, Mayor or other authorized representative of the city shall issue an order of abatement upon a finding of liability under this section.
(2) The order of abatement shall require the defendant to take measures reasonably calculated to prevent the recurrence of the illegal activity.
(3) The order of abatement may also authorize the issuance of search warrants reasonably calculated to determine whether the nuisance has been abated or whether the order has been obeyed.
(D) Each day that a violation of this section continues shall be considered a separate and distinct offense.
(1) No person shall be found in violation of § 91.11(B)(2) unless the city proves by a preponderance of the evidence that the abatement measures were reasonable and warranted, and that the defendant knowingly failed to implement them.
(2) A person may be found in violation of § 91.11(B)(1) or (B)(2), regardless of whether an order of abatement is issued under § 91.11(C), or in violation of § 91.11(B)(1), regardless of whether a notice has been given. A fine in accordance with division (B) above may be assessed by the City Municipal Court.
(3) Upon a finding of liability under this subchapter, the defendant shall be fined an amount not to exceed state law.
(Ord. 17-, passed 11-7-2017) Penalty, see § 91.99