(A) When the City Administrator receives a police report documenting the occurrence of a nuisance activity on or within 200 feet of a property within the city, the City Administrator or the City Administrator’s designee shall independently review such reports to determine whether they describe any acts enumerated under nuisance activities above. Following such review, the City Administrator may notify the person in charge in writing that the property is in danger of becoming 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 City Administrator has information that the property may be chronic nuisance property, with a concise description of the nuisance activities that may exist or that have occurred. The City Administrator shall offer the person in charge an opportunity to propose a course of action that the City Administrator agrees will abate the nuisance activities giving rise to the violation.
(3) Demand that the person in charge respond to the City Administrator within ten days to discuss the nuisance activities.
(B) After notification of nuisance activities to a person in charge, when the City Administrator receives a police report documenting the occurrence of a second nuisance activity at or within 200 feet of a property and determines that the property has become a chronic nuisance property, the City Administrator shall notify the person in charge 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 legal description sufficient for identification of the property.
(2) A statement that the City Administrator has determined the property to be a chronic nuisance property with a concise description of the nuisance activities leading to his or her findings.
(3) Demand that the person in charge respond within ten days to the City Administrator and propose a course of action that the City Administrator agrees will abate the nuisance activities giving rise to the violation.
(4) Service shall be made either personally or by first class mail, postage prepaid, return receipt requested, addressed to the person in charge at the address of the property, or such other place which is likely to give the person in charge notice of the determination by the City Administrator.
(5) A copy of the notice shall be served on the owner at such address as shown on the tax rolls of the county, and/or the occupant at the address of the property, if these persons are different than the person
in charge, and shall be made either personally or by first class mail, postage prepaid.
(6) A copy of the notice shall also be posted at the property if ten days have elapsed from the service or mailing of the notice to the person in charge and the person in charge has not contacted the City Administrator.
(7) The failure of any person to receive notice that the property may be a chronic nuisance property shall not invalidate or otherwise affect the proceedings under these provisions.
(C) If after the notification, but prior to the commencement of legal proceedings by the city pursuant to these provisions, a person in charge stipulates with the city administrator that the person in charge will pursue a course of action the parties agree will abate the nuisance activities giving rise to the violation, the City Administrator may agree to postpone legal proceedings for a period of not less than ten nor more than 30 days.
(D) Concurrent with any notification procedures set forth above, the City Administrator shall send copies of the notice, as well as any other documentation which supports legal proceedings against the property, to the City Attorney.
(E) When a person in charge makes a response to the City Administrator, any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any nuisance activities have or are occurring. This section does not require the exclusion of any evidence which is otherwise admissible or offered for any other purpose.
(Ord. 274, passed 8-6-2015)