(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CRIMINAL ACTIVITY NUISANCE. Any building or premises where law enforcement officers have, on more than three occasions in the preceding 12-month period, cited, arrested, or executed a court issued search warrant, or a criminal citation, or an arrest warrant for nuisance crimes.
CRIMINAL NUISANCE CRIMES.
(a) Any of the following behaviors or crimes or activities:
1. Harassment, as defined in KRS 525.070 through 525.080.
2. Public intoxication, as defined in KRS 525.100 or KRS 222.202.
3. Disorderly conduct as defined in KRS 525.055 or KRS 525.060.
4. Murder, manslaughter, or reckless homicide as defined in KRS 507.020, 507.030, 507.040 or 507.050.
5. Rape, sodomy, sexual abuse, sexual misconduct, indecent exposure, or unlawful use of an electronic device to induce a minor to engage in sexual activities, as defined in KRS 510.010 through 510.155.
6. Assault, menacing, wanton endangerment, terroristic threatening, criminal abuse, stalking, or disarming a police officer, as defined in KRS 508.010 through 508.160.
7. Burglary or criminal trespass, as defined in KRS 511.010 through 511.090.
8. Criminal mischief, as defined in KRS 512.010 through 512.060.
9. Arson, as defined in KRS 513.010 through 513.040.
10. Theft, as defined in KRS 514.010 through 514.090.
11. Receiving stolen property as defined in KRS 514.110.
12. Robbery as defined in KRS 515.010 through 515.030.
13. Prostitution, promoting prostitution, or permitting prostitution as defined in KRS 529.010 through 529.110.
14. Distribution of obscene matter promoting sale of obscenity or voyeurism, as defined in KRS 531.010 through 531.110.
15. Sexual exploitation of minors, as defined in KRS 531.300 through 531.370.
16. Drug possession or trafficking, as defined in KRS 218A.010 through 218A.1444.
17. Noise violations as defined elsewhere in the Code of Ordinances and/or the Zoning Code.
(b) To qualify, all nuisance activities must be based on either:
1. Personal observation of a police officer, or Civil Citation Officer; or
2. A determination by a police officer, either after an investigation or following a sworn statement of a person who personally witnessed the alleged incident that the alleged nuisance activity(s) did, in fact, occur.
3. Personal observation and sworn statement of a resident.
PERSON IN CHARGE. Any person with actual or constructive possession of a property, including, the owner of the property and/or landlord. When the owner of the property is a non-resident landlord, then he or she shall be the PERSON IN CHARGE.
PERSONS ASSOCIATED WITH THE PROPERTY. Any person, who on the occasion of a nuisance activity has entered, patronized, visited, or resides as a tenant on the property.
(B) It shall be unlawful for the person in charge, including, but not limited to the owner of residential, commercial, or vacant property located within city limits to allow his or her property to be used as a site for any criminal nuisance crimes after having received notice pursuant to this code that the property has been used for the commission of a criminal activity by persons associated with the property.
(C) A public nuisance exists when law enforcement officers have issued a criminal citation, made an arrest, or executed a court-issued search warrant against a person associated with the property for activities or behavior on the premises involving criminal nuisance crimes on the same premises, on three or more occasions in any 12-month period.
(D) Within 30 days after criminally citing or arresting persons for activities that involve criminal nuisance crimes the Police Department shall notify the Civil Citation Officer in writing of the specific violation, the address of the property on or in which the violations or search warrants occurred, and the circumstances of the violation or warrants. The Civil Citation Officer shall then notify the person in charge of the property, i.e., the owner, by certified mail return receipt requested, of the criminal activity which occurred and the date on which it occurred.
(E) If the Civil Citation Officer receives information that criminal citations or arrests involving criminal activity nuisance crimes were issued or that court-issued search warrants were executed for the same offenses at the same location at least three times within 12 months of a previous incident, he or she shall send a notice of violation to the property owner describing the nuisance and requesting that the nuisance be abated.
(F) If a property owner or tenant reports the issuance of a citation, an arrest, or the execution of a court-issued search warrant at his or her property before the Civil Citation Officer otherwise discovers that the incident has occurred, such citation, arrest, or execution of a search warrant will not be considered a nuisance for purposes of this chapter.
(G) Should the criminal activity not be abated in accordance with the terms of the notice of violation, a civil citation shall be issued to the owner and/or occupants of the premises.
(H) In addition to other remedies set out in this chapter, upon failure of the property owner to request a hearing before the Civil Code Enforcement Board and to abate the nuisance, or the failure of the property owner to abate the nuisance pursuant to orders of the Enforcement Board, the Civil Citation Officer is authorized to order the closing and vacating of the premises or portions thereof to abate the criminal activity nuisance. Such closing and vacating shall be for a period of time as the Civil Code Enforcement Board reasonably may direct, but in no event may the closing and vacating be for a period of more than one year from the date of closing. If the premises consist of multi-unit dwellings or mixed uses and the criminal activity nuisance has occurred solely within a certain unit or units, the authority to close and vacate is restricted to the unit or units in which the criminal activity nuisance has occurred and does not extend to any other unit in the premises, unless the activity has occurred in or about the common areas of the unit, in which case, the entire unit may be subject to closure. Upon the failure of the property owner to comply with an order to close and vacate, the Civil Code Enforcement Board may prohibit the furnishing of utility service to the premises and may use any other legal remedy available.
(I) It shall be a defense to a violation of this section that the owner has instituted an eviction proceeding against the offending tenant or occupants of the offending premises within 30 days of the date of the notice of violation and the owner completes the eviction within 60 days of the date of commencement of the action or as soon thereafter as court procedures allow.
(Ord. 12-01, passed 1-18-2012) Penalty, see § 90.99