(A) Findings. The Town Council finds it to be in the best interests of the residents of the town and the general public to provide for the regulation of conduct it deems to be offensive, to prevent vice, disorder and immorality and to promote public peace, health and safety and, to this end, the Town Council enacts this chapter.
(B) Permitting the use of real estate for illicit drug activity.
(1) No owner of real estate located in the town shall knowingly allow that real estate to be used as a site for any use or sale of illicit narcotics or controlled dangerous substances, after having received written notice pursuant to I.C. 36-7-9-25, from the Marshal’s office of the town, that a present occupant or tenant of that property has been using or selling illicit narcotics or controlled dangerous substances, or allowing the using or selling of illicit narcotics or controlled dangerous substances at that property, or has otherwise been engaging in or allowed activity constituting a nuisance pursuant to I.C. 32-30-8-1. A legal or equitable owner of such real estate is deemed to have knowledge of such activity upon receipt of notice set forth herein. For the purposes of this division (B)(1), an OWNER OF REAL ESTATE is defined as any person who, alone or jointly or severally with others, shall have legal or equitable title to any dwelling or dwelling unit.
(2) Notice is deemed to be given to the owner, upon receipt of notice as indicated above, by the owner of record pursuant to the records and files of the office of the County Assessor.
(C) Discrimination forbidden. Nothing in this section shall be construed to encourage or authorize the discrimination by lessors against any person(s) based upon race, creed, religion, sex, age or national origin. Rather, it is the intent of this chapter to hold persons accountable for acquiescing in or participating in the continued use of his or her property as the location of illegal drug activity after having received notice as set forth in division (B)(2) above.
(2013 Code, Title VII, Ch. 8, § 1) (Ord. III-I-1, passed 1-27-2003) Penalty, see § 131.99