(A) If in any one year, three substantiated complaints, as defined herein, occur on or in proximity to any rental premises and attributable to the acts or incitements of any of the tenants of said premises, the Code Enforcement Officer may institute proceedings to require the landlord of such rental premises to post a bond against the consequences of future incidents of the same character.
(B) The Code Enforcement Officer or his or her designate shall cause to be served on the landlord, in person or by certified mail return receipt requested, mailed to the address appearing on the tax records of such property, notice advising of the institution of such proceedings, together with the particulars of the substantiated complaint or complaints upon which the instant proceedings are based, and the time and place at which the hearing will be held in the matter. Such hearing shall not be held prior to 30 days from the date upon which the notice is served or mailed.
(C) At the hearing convened pursuant to division (B) above, the Hearing Officer shall receive all competent evidence proffered by the landlord in contradiction or mitigation thereof, and said landlord shall otherwise show cause why a bond should not be required with respect to said rental premises.
(D) Any bond required to be posted shall be in accordance with the judgment of the Hearing Officer, after due consideration of the nature and extent of the offenses and substantiated complaints upon which the proceedings are based. The amount of the bond shall be adequate in consideration of the likelihood of subsequent offenses to occur and to make reparation for:
(1) Damages likely to be caused to public or private property and damages resulting from the neighboring resident’s rights to fair use and quiet enjoyment of the premises;
(2) Securing the payment of fines and penalties likely to be levied for such offenses; and
(3) Compensating the municipality for the cost of repressing and prosecuting such incidents of disorderly behavior.
(E) No bond shall be in an amount less than $500, nor more than $5,000. The city may enforce such a bond by filing for injunctive relief prohibiting the landlord from making or renewing any lease of the affected premises for residential purposes until such a bond or equivalent security in satisfactory form and amount has been deposited with the city.
(F) Any bond or other security required pursuant to this section shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been held pursuant to § 150.022 of this chapter, in which case the security shall be renewed in an amount and for a period as specified by the Hearing Officer. A transfer of ownership or control the property shall not void the requirement of security imposed under the section. However, the Hearing Officer upon good cause shown may shorten the period for which security is required in his or her discretion.
(1994 Code, § 150.11) (Ord. 15-10, passed 9-14-2015)