(A) When the Code Enforcement Officer, or his designee(s), receives documentation or information confirming the occurrence of three (3) or more nuisance activities within a ninety (90)- day period on or at any premise or property, the Code Enforcement Officer, or his designee(s), shall review such documentation or information to determine whether it describes the nuisance activities enumerated by this subchapter. Upon such a finding, the Code Enforcement Officer, or his designee(s), shall warn the person responsible for such property, in writing, that the property is in danger of being declared a chronic nuisance property.
(B) The warning shall be sent by mail with delivery confirmation and contain:
(1) The street address or a legal description sufficient for identification of the property;
(2) A concise description of the nuisance activities that exist, or that have occurred on the property;
(3) A demand that the person responsible for such property respond to the notice within ten (10) days of service of the notice to discuss the nuisance activities and create a plan to abate the chronic nuisance;
(4) Offer the person responsible an opportunity to abate the nuisance activities given rise to the violation; and
(5) A statement describing that the property could be subject to closure and civil penalties and/or costs if the property is declared a chronic nuisance property.
(C) The Code Enforcement Officer, or his designee(s), shall cause to be served the warning and notice to abate upon the person responsible in accordance with the methods of service listed in § 32.06(C) of this code.
(D) If the person responsible fails to respond to the warning within the time prescribed, the Code Enforcement Officer, or his/her designee(s), shall issue a notice declaring the property to be a chronic nuisance property and post such notice at the property and issue the person responsible a civil citation pursuant to § 32.06 of this code.
(E) If the person responsible responds as required by the notice and agrees to abate the nuisance activity, the Code Enforcement Officer, or his designee(s), and the person responsible, may work out an agreed upon course of action which would abate the nuisance activity. If an agreed course of action does not result in the abatement of the nuisance activities or if no agreement is reached, the Code Enforcement Officer, or his or her designee(s), shall issue a notice declaring the property to be a chronic nuisance property and post such notice at the property and issue the person responsible a civil citation pursuant to § 32.06 of this code. Provided, that in the event the Code of Enforcement Officer, or his designee(s), determine that the person responsible has taken reasonable steps to abate the nuisance activity, the city shall not commence an enforcement action under this subchapter, notwithstanding the continuance of the nuisance activity.
(F) It is a defense to an action for chronic nuisance property that the person responsible, at all material times, could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the determination that the property is chronic nuisance property.
(Ord. 2014-10, passed 6-25-2014; Am. Ord. 2016-12, passed 11-16-2016)