(A) The City Council may, by resolution after affording the person in charge of the property an opportunity to be heard before the Council, authorize the City Attorney to commence legal proceedings in a court of competent jurisdiction to enjoin or abate chronic nuisance property and to seek closure, the imposition of civil penalties against any or all of the persons in charge thereof, and any such other relief deemed appropriate. Proof shall be by a preponderance of the evidence.
(B) If, after the commencement but prior to the trial of any action or suit brought by the city, a person in charge of chronic nuisance property stipulates with the city that he or she will pursue a course of action the parties agree will abate the nuisance activities giving rise to the violation, the city may agree to stay proceedings for a period of not less than ten nor more than 60 days, except in the case of nuisance activity involving drugs where a search warrant was executed at the property. The person in charge or the city may thereafter petition the court for such additional periods of time as may be necessary to complete the action(s) to abate the nuisance activities. However, in the event that the city reasonably believes the person in charge of a property is not diligently pursuing the action(s) necessary to abate the nuisance activities, the city may seek such relief as is deemed appropriate.
(C) It is a defense to an action for chronic nuisance property that the person in charge at all material times could not, in the exercise of reasonable care or diligence, determine that the property had become chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the determination that the property is chronic nuisance property.
(D) In the event a court determines property to be chronic nuisance property, the court shall order that the property be closed and secured against all access, use and occupancy for a period of not less than six months, nor more than one year. The court shall retain jurisdiction during any period of closure. The person in charge may petition the court for an order reducing the period of closure if the person in charge and the city stipulate that the nuisance has been and will continue to be abated.
(E) If a property is found to be chronic nuisance property, the person in charge of the chronic nuisance property is subject to a civil penalty of up to $100 per day for each day nuisance activities occurred on the property following notice.
(F) In establishing the amount of any civil penalty requested, the court may consider any of the following factors and shall cite those found applicable:
(1) The actions taken by the person in charge to mitigate or correct the nuisance activities at the property;
(2) The financial condition of the person in charge;
(3) Whether the problem at the property was repeated or continuous;
(4) The magnitude or gravity of the problem;
(5) The cooperativeness of the person in charge with the city;
(6) The cost of the city of investigating and correcting or attempting to correct the nuisance activities; and
(7) Any other factor deemed by the court to be relevant.
(G) Nothing in these provisions shall require any conviction for criminal activities prior to the commencement of any action provided herein.
(Ord. 274, passed 8-6-2015)