(a) No owner or operator of any property shall knowingly allow on the property or permit the use of the property for any illegal activity. Conduct prohibited by this shall constitute a nuisance. Each day conduct prohibited by this section continues shall constitute a separate offense.
(b) Any owner or operator who shall violate the provisions of subsection (a) shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000.00) for each offense.
(c) An owner or operator of a property who receives notice by certified mail from the St. Albans Police Department of illegal activity on the property shall take action to terminate the illegal activity within thirty (30) days after receiving notice by certified mail by the St. Albans Police Department. If the owner or operator fails to terminate the illegal activity within thirty (30) days after the notice, then he or she shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.00) for each offense. The conduct prohibited by this subsection is subject to the following:
(1) The St. Albans Police Department shall first provide a notice by certified mail to the owner and/ or operator of the property that illegal activity is being conducted and that the owner and/ or operator of the property are subject to the provisions of this article if not corrected, and the property could potentially be subject to forfeiture if applicable by state and federal laws.
(2) Any notice to the owner of the property under this section shall also be served on the tenant by regular mail.
(3) A letter to the owner of the property shall describe in specific detail the facts forming the basis for the allegation of the illegal activity and the specific illegal activity occurring. The letter to the owner shall inform the owner that the illegal activity constitutes a nuisance and that the owner has a duty to take all action reasonably expected to abate the nuisance.
(4) If the owner properly notifies the St. Albans Police Department, then the Chief of Police or a designated representative shall appear at any Hearing on eviction action or other legal action taken by the owner of the property pursuant to this section and produce witnesses and other evidence detailing the illegal activity of the tenant.
(5) It shall be an absolute defense for the owner of property for charges under this section if such owner initiates legal activity to evict the tenant pursuant to this section, regardless of the ultimate ruling or outcome of the case in Court.
(d) For purposes of this section, the following definitions shall apply:
(1) "Operator'' means any person, whether an owner, tenant, possessor or any agent, partner, officer or employees, in possession and control of property.
(2) "Property" means any business, establishment, building, vehicle, home, structure or other property, together with the land surrounding property.
(3) "Illegal Activity" means an act harmful not only to an individual but also to a community, society or state, which is forbidden and punishable by law. (Ord. 2019-13. Passed 12-2-19.)
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