(a) To be a Nuisance Activity, the City must be able to show by a preponderance of the evidence that the Nuisance Activity occurred. A criminal conviction is not necessary.
(b) The City shall have the initial burden of proof to show by a preponderance of the evidence that the Property is a Chronic Nuisance.
(c) If the City satisfies its burden of proof, the Property shall not be determined to be a Chronic Nuisance if the Owner shows by a preponderance of the evidence that:
(1) The Owner was not the owner at the time of any Nuisance Activity that is the basis for the notice;
(2) The Owner has knowledge of the Nuisance Activity, but has promptly and vigorously taken all actions necessary to abate the Nuisance Activity;
(3) The Owner did not have knowledge of the Nuisance Activity and could not, with reasonable care and diligence, have known of the Nuisance Activity and, upon receipt of the notice required by Section 532.02(a), the Owner promptly took all actions necessary to abate the Nuisance Activity; or
(4) The Owner was in the process of eviction either at the time of or as a result of the notice declaring the Property to be a Chronic Nuisance.
(d) Copies of police incident reports and reports of other city departments documenting Nuisance Activities and evidence of a Property's general reputation and the reputation of the Owner or persons residing in or frequenting the Property shall be admissible in determining whether the Property is a Chronic Nuisance.
(Ord. 21-054. Passed 10-13-21.)