(A) Purpose. City Council hereby finds that repeated calls for the mobilization and/or investigation of city governmental entities relating to the same person or same entity to the same address, whether it be an individual, entity, residential or commercial property, places a substantial unacceptable threat and burden on the common health, safety and welfare of the residents of the city. To this end, City Council hereby authorizes and directs the City Manager, or his or her designee as provided in the following sections, to charge the cost of law enforcement and other personnel resulting from authorities being called to a disruptive activity which results in an official written notice of violation and/or a written citation to a person or entity in order to deter repeated violation of state and local law.
(B) Disruptive activity defined.
(1) DISRUPTIVE ACTIVITY shall be any form of conduct, action, omission, incident or behavior perpetrated, caused or permitted by a person or entity, which constitutes a violation of any ordinance of the city or any other law, statute, ordinance or regulation, and may be the result of illegal activity or is reasonably anticipated to disturb other persons of reasonable sensibility in the peaceful enjoyment of their premises or cause damage to their premises and which generates a written notice of violation and/or written citation because of said activity.
(2) When the City Manager determines that the person or entity has been involved in disruptive activity resulting in the mobilization and/or investigation by city officials that result in an official written notice of violation and/or a written citation on three or more separate occasions within any 60 day period, the City Manager may declare the activity to be a disruptive activity and proceed with notice and enforcement procedures set forth in this section.
(3) After an activity has been declared a disruptive activity, if law enforcement and other governmental personnel are not called upon to respond to any disruptive activities for a period of 12 consecutive months, then the activity will no longer be classified as a disruptive activity.
(C) Notice.
(1) The City Manager shall provide written notice to the person or entity for which a disruptive activity has been reported.
(2) The notice identified in division (C)(1) of this section shall be deemed to be properly delivered if sent either by first-class mail to the person or entity's last known address or as may be found in public records, or if delivered in person to the person or to any officer of the entity. If the person or entity cannot be located, the notice shall be deemed to be properly delivered if a copy thereof is left at the person's usual place of abode in the presence of a competent member of the family at least 18 years of age or a competent adult residing there or upon any officer of the entity.
(3) The notice required by division (C)(1) of this section shall contain the following information:
(a) The street address or legal description sufficient for identification of the property if the disruptive activity relates to a property matter;
(b) A description of the disruptive activity and the date on which it occurred;
(c) A statement that the activity is declared as a disruptive activity, or, if the activity has not yet been declared a disruptive activity, a statement of the number of subsequent occurrences of disruptive activity which result in such declaration;
(d) If the activity has been declared a disruptive activity, a statement that the occurrence of a fourth or subsequent disruptive activity by the person or entity within six months following the date of notice, may result in the person or entity being charged with the additional costs of the administrative and law enforcement actions taken by the city in response to the disruptive activity;
(e) Notice of person or entity's rights to appeal pursuant to this section; and
(f) A statement that the person or entity shall within ten days of the date of the notice respond to the City Manager in writing stating either:
1. The intent of the person or entity to appeal the finding of the City Manager, or his or her designee; or
2. A proposal detailing a course of action by which disruptive activities will be abated.
(4) The costs shall be assessed as follows:
(a) On the third occasion set forth in this section in division (B)(2) of this section: $100;
(b) Two hundred dollars for the fourth occasion;
(c) Three hundred dollars for the fifth occasion; and
(d) Five hundred dollars for each individual occasion after the fifth occasion.
(D) Appeal process. Any person or entity who receives a notice of the occurrence of disruptive activity or a notice demanding payment for costs of providing public safety services for a disruptive activity may, within ten days of the date of the notice, appeal the notice to the Disruptive Activity Appeals Board pursuant to this section. The Board shall conduct a hearing and render a decision in accordance with city ordinances and regulations governing its conduct and procedure.
(E) Other legal actions not affected. The declaration of a disruptive activity or the charging or assessment of costs by the city on a person or entity under this section, does not affect or limit the city's right or other law enforcement's right or authority to bring criminal prosecution or other legal action against any person or entity for violation of city, state or federal law.
(1) There is hereby established a Disruptive Activity Appeals Board, which shall consist of three members. The members shall be appointed by the Mayor and confirmed by Council.
(2) Terms of office shall be for three years.
(3) The Board shall select one of its members to serve as chairperson.
(4) Members of the city's governing body and current uniformed employees of the Department of Public Safety may not serve as members of the Board.
(5) The City Manager, or his or her designee, shall serve as an ex-officio advisory member of the Board but shall have no vote on any matter before the Board.
(F) Powers; duties. The Disruptive Activity Appeals Board shall have the following powers and duties:
(1) The Board is authorized to establish policies and procedures necessary to carry out its duties and to interpret the provisions of this section;
(2) To hear appeals of orders and actions of the City Manager pursuant to this section and to affirm, amend or reverse such orders or actions;
(3) To recommend legislation affecting the substance and enforcement of this section; and
(4) The Board shall conduct a hearing on all appeals within 20 days of the filing date of each appeal, unless for good and sufficient cause the Board extends the time for a reasonable period not to exceed an additional ten days.
(G) Hearings.
(1) The Board of Appeals shall conduct all appeal hearings and render all decisions in accordance with this section.
(2) Two members shall constitute a quorum for a hearing.
(3) The Board shall affirm, modify or reverse the decision of the City Manager by concurring vote of the majority of its members.
(Ord. 1639, passed 5-27-09; Am. Ord. 1704, passed 9-12-11)