Should such a location be declared a permanent public nuisance, any further use of that location for the same purpose is not allowed unless the nuisance can be proven to have been abated. If the property shall not have begun again to be used for its former use, without nuisance, within one year of the declaration of nuisance, it shall lose its nonconforming use status and shall revert to the land use permitted in accord with the city’s Unified Development Ordinance. However, reconsideration of a declaration of a permanent nuisance may occur if such request is filed within 30 days of such order declaring a permanent nuisance. Another business or nonconforming use may petition City Council for a hearing to demonstrate that a legitimate business interest or other nonconforming use is proposed for such location. If such petition is granted, a bond may be required in an amount not less than $25,000, to extend for a minimum of one year from the date of occupation of the premises. Such one-year period shall be considered probationary in that any recurrence of similar activity which lead to the prior declaration of a nuisance or would lead to a new nuisance violation shall cause for immediate forfeiture of said bond to the city and closure of such establishment upon notice by the City Manager as directed by City Council.
(Ord. 1481, passed 4-10-06)