(a) If the city finds that a building or land is used in the commission of a crime on three or more occasions within a six month period, the city shall issue a notice to abate to the owner, the owner’s managing agent, the occupant and any other person responsible for the use of the building or land for criminal activity. Provided, however, criminal activity shall not be construed to include:
(1) Cases where the property owner, agent, tenant, or invitee of the property owner, agent or tenant is the victim of a crime or;
(2) Cases that do not arise from the conduct of the property owner, agent, tenant, or invitee of the property owner, agent or tenant.
(b) The notice to abate shall be in substantial conformance with the state statutes. The notice to abate may contain the date by which the owner, the owner’s managing agent, the occupant, and other person responsible for the use of the building or land for criminal activity, shall correct the violation, which date shall not be less than ten (10) days from the service of the notice.
(c) The service of the notice to abate shall be in conformance with the state statutes.
(d) The notice to abate is deemed served on the date it is hand delivered or, if mailed, on the date it is deposited in the United States mail.
(Ord. 2015-009, passed 12-17-15)