If, upon review of information presented to Council, it can be shown that acts, occupations, types of businesses or structures which are generally not considered nuisances at all times and under any circumstances are found to have become nuisances by reason of the circumstances or the location and surroundings, the Council may declare by majority vote of Council such to be a nuisance-in-fact. Upon a showing that there has been a continuing nuisance of similar character and circumstances at a particular location and surrounding area existing in an uninterrupted or periodically reoccurring fashion, Council may declare such a permanent nuisance and therefore permanently revoke and withhold further licensure or approval of similar acts, occupations, types of businesses or structures at such location. Council may consider primarily reports of safety and law enforcement officials, as well as public comment and complaints of the community spanning a period during which behavior has occurred which is fairly representative of the complaints made against a specified location or its operators, when considering declaring a particular permanent nuisance. The Municipality is entitled to seek appropriate judicial relief against such public nuisances which are believed to be permanent in nature and judicial proceedings and adjudication by a court of competent jurisdiction may be sought.
(Ord. 1481, passed 4-10-06)