(A) For purposes of this section, the use of non-owner occupied real property to commit an act constituting an offense under I.C. 35-48-4 shall be deemed a civil nuisance.
(B) The provisions of I.C. 32-30-8, as amended from time to time, are hereby incorporated by reference and shall be utilized by the city in the abatement of a drug-related civil nuisance.
(C) The procedures hereinafter set forth shall be followed prior to the city initiating an action pursuant to I.C. 32-30-8.
(D) No owner of real estate located in the city shall knowingly allow that real estate to be used in such a manner so as to constitute a civil nuisance as defined herein. An owner of such real estate is deemed to have knowledge of such activity upon receipt of notice as provided in division(F) herein. For purposes of this section, an owner of real estate is defined as any person or entity that, alone or with others, has legal or equitable title to any real property. When any real property is owned by more than one person or entity, or when legal and equitable title is held by different persons or entities, all such persons or entities shall be jointly and severally liable for any violations of this section.
(E) Upon receipt of any report or complaint of suspected activity constituting a civil nuisance as defined herein, the Police Department shall conduct such investigation, as it deems necessary. At any time prior to or during said investigation, the Department shall, when deemed appropriate under the circumstances, send an initial warning letter to the owner and/or occupant of the property that it suspects such activity may be occurring and that an investigation is about to commence or is ongoing. The initial warning letter shall inform the recipient that:
(1) If it is determined that a civil nuisance is occurring, it is a violation of both state and local law;
(2) If it is determined that a civil nuisance is occurring, it may result in fines being assessed pursuant to this city code;
(3) If it is determined that a civil nuisance is occurring, the owner must abate the suspected nuisance to avoid any fines being assessed under this section by evicting those responsible;
(4) If it is determined that a civil nuisance is occurring, the Police Department will, at the owner's request, deliver an eviction notice to the responsible tenant;
(5) If the investigation reveals that a civil nuisance is in fact taking place, the city and the Police Department intend to take further legal action; and
(6) If it is determined that a civil nuisance is occurring, the property owner will be notified and given the opportunity to abate the nuisance before any fines are assessed.
(F) Whenever the Police Department determines that a civil nuisance as defined in division (A) herein exists, which determination must be made by the Chief of Police or a designated officer and approved by the City Attorney, the police shall, when deemed appropriate under the circumstances, cause written notice to be served on the owner and occupant that a present occupant or tenant of that property has been using the property so as to constitute a civil nuisance as defined herein or has been allowing the property to be so used. Said notice shall contain a copy of this section of this city code and shall warn the recipient of the following:
(1) That a civil nuisance exists on the property;
(2) The date and time the civil nuisance was first discovered;
(3) The location on the property where the civil nuisance is allegedly occurring;
(4) That such activity is a violation of both state and local law;
(5) That such activity may result in fines being assessed pursuant to city code;
(6) That the owner must abate the civil nuisance by evicting those responsible to avoid any fines being assessed under this section;
(7) That, if the owner chooses to abate the civil nuisance by evicting those responsible, he or she must so inform the Police Department in writing and commence said eviction within 30 days of receipt of this notice;
(8) That the Police Department will, at the owner's request, deliver an eviction notice to the property; and
(9) That if the owner fails to abate the civil nuisance, the city and the Police Department may take further legal action, including but not limited to, filing suit pursuant to I.C. 32-30-8.
(G) After receiving an initial warning letter or second notification under this section, if a property owner so requests, an eviction notice signed by the property owner shall be delivered to the responsible tenant by the Police Department. (The Police Department shall inform the property owner that, if the tenant or occupant refuses to leave, it will be necessary to file an eviction proceeding through the proper court).
(H) (1) The notice required pursuant to division (F) shall be given by:
(a) Sending a copy of the notice by registered or certified mail to the residence or place of business or employment of the person to be notified, the return receipt requested;
(b) Delivering a copy of the order or statement personally to the person to be notified; or
(c) Leaving a copy of the order or statement at the dwelling or usual place of abode of the person to be notified.
(2) If, after a reasonable effort, service is not obtained by a means described in division (H)(1) service may be made by publishing the notice in accordance with I.C. 5-3-1.
(3) Notice is deemed given to the owner, upon receipt of notice as indicated above, by the owner of record pursuant to the records and files of the Randolph County Assessor's Office.
(I) Within 30 days of receipt of notice in accordance with division (F), the owner must initiate such legal action as is necessary to evict all persons responsible for or permitting the civil nuisance which shall include, at a minimum, a notice of eviction delivered by the Police Department or the property owner by serving notice pursuant to IC 32-30-8-5, and must diligently prosecute such legal action to a conclusion.
(J) In the case of a multiple unit dwelling, the only person necessary to name in an eviction proceeding is the tenant/occupant occupying the actual unit involved with the nuisance as defined herein.
(K) Charging an owner of real estate with a violation of this section shall be adjunct to and not a substitution for, any criminal charges filed against occupants or tenants of that owner's real estate for any illegal activity.
(L) The Chief of Police shall use reasonable efforts to train, educate, and assist owners of real estate in evicting, and avoiding the placement of, tenants or occupants in their real estate who are known violators of illegal activities under IC 35-48-4.
(M) Any owner of real estate violating this section, which violation causes the city to begin its own eviction process pursuant to IC 32-30-8, shall be fined $50 to assist with costs associated in utilizing state law. No fines shall be assessed until at least 30 days after receipt of notice required by division (F). Each day such violation continues shall be deemed a separate violation, beginning with the 31st day following receipt of notice as required by division (F).
(N) Nothing in this section shall be construed to encourage or authorize the discrimination by lessors against any persons based upon race, creed, religion, sex, age or national origin. Rather, it is the intent of this section to hold persons accountable for acquiescing in or participating in the continued use of his/her property as the location of illegal drug activity.
(Ord. 2017-11, passed 11-27-17)
Editor’s note:
IC 32-30-8 and IC 32-30-8-5 were repealed by P.S. 2-2022, sec. 128.