(A) Following the independent review, as set forth in § 125.08, if the Chief of Police or his/her designee concludes that nuisance activities have occurred, the Chief of Police shall require that the owner(s), manager(s) or other persons in charge of the property, tenant(s) in possession thereof, if any, is to meet with the Chief of Police, at a specified date, time and place, to discuss the nuisance activity and to further discuss proposed action the owner(s), manager(s), person(s) in charge, and the tenant(s) of a property, intends to take to mitigate or abate the activity prior to a third verified incident of nuisance activity, in accordance with the following procedure:
(1) The Chief of Police shall notify the owner(s), manager(s), person(s) in charge, or, in the event the property is leased property, the tenant, in writing that the property in question is in danger of becoming a chronic nuisance property. Such notice shall be provided by either personal delivery, first class mail postage prepaid or by certified mail return receipt requested. If service is by regular or certified mail, service shall be deemed complete three days after mailing. In the event the property is rental residential property, notice shall be served upon the property owner or manager at the address provided in the rental dwelling license application. The notice shall contain substantially the following information:
(a) The street address or a legal description sufficient for identification of the potential nuisance property;
(b) A statement that the Chief of Police has information that the property may be a chronic nuisance property or a potential chronic nuisance property as defined by this chapter, with a concise description of the criminal activity(s) or nuisance activity(s) that may exist, or that has occurred and why the Chief of Police believes the property may be determined to be a chronic nuisance property or a potential chronic nuisance property;
(c) A demand that the owner, manager(s) or person(s) in charge or, in the event the property is a leased property, the tenant(s) or other designee respond to and meet with the Chief of Police at a specified date, time and location within 20 days of issuance of the notice; and
(d) That the owner(s), manager(s) or other persons in charge of the property, tenant(s) in possession thereof may raise any affirmative defense delineated in § 125.12(B)(1) of this chapter.
(2) (a) At the meeting between the Chief of Police or his/her designee and the parties notified, the Chief of Police may request that the owner(s), manager(s), person(s) in charge or his or her or its tenant(s), in the case of rental property, to implement a reasonable abatement plan designed to alleviate and prevent future occurrences of criminal activity or nuisance activity upon the property. The mitigation or abatement plan shall be in writing and shall be reasonable under the circumstances in its objective, cost and scope, and shall be implemented within 60 days of the meeting with the Chief of Police or such longer period if not practically feasible to do so within 60 days. The Chief of Police shall, within ten days after the conclusion of the meeting, make written findings of fact and conclusions, with respect to the complaints received and reviewed, and the proposed remedial action to be taken by the owner(s), manager(s), or other person(s) in charge or in possession of the property, as recommended by the Chief of Police. Such report shall note whether such remedial action was consented to by the parties attending such meeting. The report shall be provided to the owner(s), manager(s) or other person(s) in charge or in possession of the property by personal delivery, first class mail postage prepaid or electronic mail.
(b) If the criminal activity or nuisance activity complained of has or is being committed, facilitated or permitted by a tenant leasing the property, and such activity is a violation of the material terms of a lease agreement, the Chief of Police may request that the owner evict the tenant. If eviction is requested, the owner shall proceed with such an action in good faith. The city shall assist in the eviction action by reasonably cooperating with the owner(s), manager(s) or person(s) in charge of the property, including, but not limited to, providing law enforcement officers or other municipal employees as witnesses regarding the nuisance activity if relevant.
(c) If, after notification, but prior to the commencement of enforcement proceedings by the city pursuant to this chapter, a person who owns or is otherwise in control of the property stipulates with the Chief of Police that the person who owns or is otherwise in control of the property will pursue a course of action, acceptable to the Chief of Police, that will abate the nuisance activities giving rise to the violation, the Chief of Police may to postpone legal proceedings for a period of not more than 60 days, except in the case of a nuisance activity as provided herein where a search warrant was executed at the property. If the agreed course of action does not result in the abatement of the nuisance activity or if no acceptable course of action concerning the abatement is submitted within 60 days, the Chief of Police shall request that the city corporation counsel commence an administrative hearing or court proceeding to abate the nuisance activities.
(3) It shall be a violation of this chapter for:
(a) The owner, manager(s), person(s) in charge of the property in question to fail to implement, within 60 days of the meeting with the Chief of Police or such other reasonable amount of time under the circumstances, a reasonable mitigation or abatement plan, as requested by the Chief of Police; or
(b) Any person or persons who so notified, pursuant to this § 125.10, fails to respond and meet with the Chief of Police within the 20-day period without good cause shown.
(Ord. 18-32, passed 9-11-18; Am. Ord. 21-24, passed 8-24-21)