A. When the police department receives two (2) or more reports documenting the occurrence of nuisance activities on or within four hundred feet (400') of a property, the reports shall be reviewed to determine whether they describe the activities, behaviors or conduct enumerated under section 4-1-7-1, definition of "nuisance activities" (subsections A through T), of this chapter. Upon such finding, the police department may notify the person in charge in writing that the property is in danger of becoming chronic nuisance property. The notice shall contain the following information:
1. The street address or a legal description sufficient for identification of the property.
2. A statement that the police department has information that the property may be chronic nuisance property, with a concise description of the nuisance activities that exist, or that have occurred. The police department shall offer the person in charge an opportunity to propose a course of action that the police department agrees will abate the nuisance activities giving rise to the violation.
3. Demand that the person in charge respond to the city police department within ten (10) days to discuss the nuisance activities.
B. When the police department receives a police report documenting the occurrence of additional nuisance activity on or within four hundred feet (400') of a property after notification as provided by subsection A of this section; or, in the case of section 4-1-7-1, definition of "chronic nuisance property" (subsection C or D), of this chapter, for which notice under subsection A of this section is not required, the police department shall notify the person in charge in writing that the property has been determined to be a chronic nuisance property. The notice shall contain the following information:
1. The street address or a legal description sufficient for identification of the property.
2. A statement that the police department has determined the property to be chronic nuisance property with a concise description of the nuisance activities leading to his/her determination.
3. Demand that the person in charge respond within ten (10) days to the city police department and propose a course of action that the police department agrees will abate the nuisance activities giving rise to the violation.
4. Service shall be made either personally or by first class mail, postage prepaid, addressed to the person in charge at the address of the property determined to be a chronic nuisance property, or such other place which is likely to give the person in charge notice of the determination by the police department.
5. A copy of the notice shall be served on the owner at the address shown on the tax rolls of the county in which the property is located, and/or the occupant at the address of the property, if these persons are different than the person in charge, and shall be made either personally or by first class mail, postage prepaid.
C. If the person in charge fails to respond as required by subsection B3 of this section, the police department may refer the matter to the city attorney. Prior to referring the matter to the city attorney, the notice required by subsection B of this section shall also be posted at the property.
D. If the person in charge responds as required by subsection B3 of this section and agrees to abate nuisance activities giving rise to the violation, the police department may postpone referring the matter to the city attorney. If an agreed course of action does not result in the abatement of the nuisance activities within sixty (60) days, or if no agreement concerning abatement is reached within sixty (60) days, the police department may refer the matter to the city attorney.
E. When a person in charge makes a response to the police department as required by subsection A3 or B3 of this section any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any nuisance activities have occurred or are occurring. This section does not require the exclusion of any evidence which is otherwise admissible or offered for any other purpose.
F. The failure of any person to receive notice as provided by subsection A or B of this section shall not invalidate or otherwise affect the proceedings under this chapter. (Ord. 778, 9-4-2012)