(A) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISORDERLY PROPERTY. A building, dwelling, establishment, premises, or place (collectively "property") where prohibited conduct occurs. It includes the outside area contiguous to and surrounding the property such as a yard, parking lot or lot under the same ownership. If the property has multiple dwelling units or residences, or is a hotel or motel, this definition applies collectively to all dwelling units, rooms or suites of rooms in which prohibited conduct occurs. If the property is part of a larger apartment complex, this definition applies collectively to all buildings connected to the apartment complex in which prohibited conduct occurs. This definition specifically includes both owner and nonowner occupied properties.
OWNER. The owner of record of the property, as identified by the records of the Porter County Auditor's Office.
PROHIBITED CONDUCT. Activities occurring in violation of the statutes or ordinances relating to any of the following:
(a) Gambling, as defined in I.C. 35-45-5-1;
(b) Battery, as defined in I.C. 35-42-2-1;
(c) Contributing to the delinquency of a minor, as defined in I.C. 35-46-1-8;
(d) Resisting law enforcement, as defined in I.C. 35-44.1-3-1;
(e) Disorderly conduct, as defined in I.C. 35-45-1-3;
(f) Criminal recklessness, as defined in I.C. 35-42-2-2;
(g) Discharge of firearms, as prohibited by §§ 130.05 through 130.06;
(h) Harassment as defined in I.C. 35-45-2-2;
(i) Unreasonable noise, as prohibited by § 130.02;
(j) Failure to keep vacant property secured against entry, in violation of I.C. 36-7-9-1 et seq. (Unsafe Building Law);
(k) Violations of any of the following Indiana statutes governing the sale, possession, delivery or receipt of alcoholic beverages:
1. Sales, delivery or possession in violation of I.C. 7.1-5-1-1;
2. Illegal possession by a minor in violation of I.C. 7.1-5-7-7;
3. Furnishing alcohol to a minor in violation of I.C. 7.1-5-7-8;
4. Inducing a minor to possess alcohol in violation of I.C. 7.1-5-7-15;
5. Sale or delivery of alcoholic beverages to intoxicated persons in violation of I.C. 7.1-5-10-15;
6. Receipt of alcoholic beverages from a person who does not hold a permit in violation of I.C. 7.1-5-10-5;
7. Public intoxication in violation of I.C. 7.1-5-1-3
8. Purchase of alcoholic beverages from a person who does not hold a permit in violation of I.C. 7.1-5-10-7; or
9. Visiting or maintaining a common nuisance or any other violation of I.C. 35-45-1-5.
(l) Violations of any of the following Indiana statutes governing:
1. Prostitution in violation of I.C. 35-45-4-2;
2. Making an unlawful proposition in violation of I.C. 35-45-4-3; or
3. Promoting prostitution or juvenile prostitution in violation of I.C. 35-45-4-4.
(m) Violations of any of the following Indiana statutes governing:
1. Criminal gang activity in violation of I.C. 35-45-9-3;
2. Criminal gang intimidation in violation of I.C. 35-45-9-4; or
3. Criminal gang recruitment in violation of I.C. 35-45-9-5.
(n) Violations of any of the following Indiana statutes governing:
1. Dealing in cocaine or a narcotic drug in violation of I.C. 35-48-4-1;
2. Dealing in methamphetamine in violation of I.C. 35-48-4-1.1 and/or manufacturing methamphetamine in violation of I.C. 35-48-4-1.2;
3. Dealing in a schedule I, II or III controlled substance or controlled substance analog in violation of I.C. 35-48-4-2;
4. Dealing in a schedule IV controlled substance or controlled substance analog in violation of I.C. 35-48-4-3;
5. Dealing in a schedule V controlled substance or controlled substance analog in violation of I.C. 35-48-4-4;
6. Dealing in marijuana, hash oil, hashish, salvia, a synthetic drug, as defined by I.C. 35-31.5-2-321 or IC 25-26-13-4.1 as those statutes are from time to time amended, or a controlled substance analog, as defined in I.C. 35-48-1-9.3 and/or I.C. 35-48-4-10. The distribution of low THC hemp extract in full compliance with I.C. 24-4-21-1 et seq. is excluded from this division;
7. Use or possession of any of the substances described in divisions (n)1. through(n)6., above, or the sale, use or possession of any other illicit narcotics or dangerous controlled substances; or
8. Dealing in a controlled substance by a practitioner in violation of I.C. 35-48-4-1.5.
(B) Public nuisance.
(1) For property with less than six separate residential units, whenever prohibited conduct occurs in or upon the property on three or more separate occasions during a 60-day period, the City deems the property to be a disorderly property and a public nuisance.
(2) For property between six and 49 separate residential units, whenever prohibited conduct occurs in or upon the property on four or more separate occasions during a 30-day period, the city deems the property to be a disorderly property and a public nuisance.
(3) For property with 50 or more separate residential units, whenever prohibited conduct occurs in or upon the property on seven or more separate occasions during a 30-day period, the city deems the property to be a disorderly property and a public nuisance.
(4) This section shall not be applicable to offices, commercial retail establishments, restaurants, and bars. Other provisions of Indiana law and the City's Municipal Code address public nuisances created at these locations.
(C) Notice to abate. Whenever the Valparaiso Police Department receives two police reports documenting the occurrence of Prohibited Conduct in or upon a Property within the periods identified in divisions (B)(1) through (B)(3), the city shall notify the owner that the property is in danger of becoming a disorderly property. The notice shall reference all police reports and request the owner, or its designee, to meet with the Valparaiso Police Department and discuss the matter. At such meeting, the owner, or its designee, shall outline ways it intends to mitigate the prohibited conduct. Issuance of a notice to abate shall not be a condition to establishing a disorderly property and a public nuisance.
(D) Notice of violation. Upon satisfaction of the conditions contained in division (B), such property shall be deemed a disorderly property and a public nuisance. The notice of violation shall reference all relevant police reports and the amount of the fine as outlined in division (F).
(E) Manner of serving notice. The city shall provide notice to the owner in the manner provided by I.C. 36-7-9-25. The city deems the owner responsible for any and all prohibited conduct.
(F) Penalty, injunctive relief. Whenever a property is deemed a disorderly property and a public nuisance, the city may file an action in any court of general jurisdiction against the owner to enjoin the nuisance and to recover the fine. In the case of a rental property, apartment or multi-unit rental dwelling, enjoinment of the nuisance may include the suspension of all future rental activities. The fine shall be $500 for the first violation (the applicable number of police reports documenting the occurrence of prohibited conduct within the period identified in division (B)(1) through (B)(3) and each day with no significant attempt to abate the violation constituting a separate offense. For the second separate violation (the applicable number of additional police reports documenting the occurrence of prohibited conduct within the period identified in division (B)(1) through (B)(3) at the same property within a 12-month period after the first violation, a fine of $1,000 shall be assessed to the owner and each day with no significant attempt to abate the violation constituting a separate offense. For the third and each succeeding separate violation (the applicable number of additional police reports documenting the occurrence of prohibited conduct within the period identified in division (B)(1) at the same property within the same 12-month period after the second violation, a fine of $7,500 or the maximum allowed under Indiana law shall be assessed to the owner and each day with no significant attempt to abate the violation constituting a separate offense. In addition, should the city be successful in any judicial enforcement action, the city shall be entitled to reimbursement of its court costs and attorneys' fees from the owner.
(G) Cooperation with owner/items excluded from the definition of "prohibited conduct." An owner of property identified as a disorderly property is encouraged to communicate and cooperate with the Valparaiso Police Department and the City's Code Enforcement Department. It is not the intent of this section to discourage anyone from requesting police assistance - especially any victim of domestic violence and/or child abuse or neglect. I.C. 35-31.5-2-78 (Crime of domestic violence), I.C. 31-33-1-1 (reporting of suspected or known incidents of child abuse or neglect), I.C. 35-46-1-4 (neglect of a dependent) and other related statutes are specifically excluded from division (A). In addition, ambulance calls, welfare checks, routine traffic stops, and motor vehicle accidents are also specifically excluded from division (A).
(H) Reduction/elimination of fine. Upon request by an owner of a disorderly property, the Board of Works shall have the authority to reduce or eliminate any fine upon: i) a showing of a good faith effort to mitigate the conditions that caused the property to be identified as a disorderly property; and ii) recommendation from the Valparaiso Police Department.
(I) Compilation and delivery of data. Advocacy groups for fair housing, mental/physical disabilities, and victims of domestic violence have expressed concerns that this ordinance will adversely impact those populations. It is expressly not the intent of the city to adversely impact any vulnerable population. The Valparaiso Police Department will notify the City Attorney whenever a notice to abate and notice of violation are issued. The City Attorney will compile this information and make it available to the City Council and public.
(Ord. 16-2021, passed 7-26-21)