[Ord. No. 17-9, 11-28-2017]
A. As
used in this Section, "place" means any building,
dwelling unit, lot, plot or parcel of land, premises, room or structure.
B. Any
place which is used for the commission of crimes, ordinance violations,
or acts done, permitted, allowed or continued to the damage or injury
of any of the inhabitants of the City is a public nuisance.
C. The
Chief of Police shall notify the owner and occupant of any place used
for the commission of crimes, ordinance violations, or acts done,
permitted, allowed or continued to the damage or injury of any inhabitants
of the City, that the place is in violation of this Section, including
the reason why, and that if the place continues to be used in such
a manner, a hearing shall be held to determine whether a public nuisance
exists and, if so, to determine the appropriate abatement remedies,
including that the place not be occupied. Notice shall be by personal
service or certified mail, or by publication in a newspaper of general
circulation at least ten (10) days prior to hearing.
D. If
the place continues to be used for the commission of crimes, ordinance
violations, or acts done, permitted, allowed or continued to the damage
or injury of any inhabitants of the City, after such notice, the Chief
of Police shall file a petition with the City Administrator which
shall state what relief is sought or proposed and the reason for granting
it.
E. The
City Administrator or his or her designee shall set the time and location
for a hearing based on the petition, and shall cause notice thereof
and a copy of the petition to be served on the owner and occupant
of the place at least ten (10) days prior to the hearing. Service
shall be personal or by certified mail, or by publication in a newspaper
of general circulation at least ten (10) days prior to hearing.
F. At
the hearing the City Administrator or his or her designee shall determine
whether the place is a public nuisance, giving such weight to the
following factors as he or she deems appropriate:
1. The physical characteristics of the neighborhood in which the place
is located, with particular consideration given to the proximity of
the place to residential property, parks, churches, schools and playgrounds;
2. Whether there is littering or loitering , as prohibited by law, by
the owner, occupant or persons frequenting the place;
3. Whether there is drinking of alcoholic beverages in public, as prohibited
by law, by the owner, occupant or persons frequenting the place;
4. Whether there is lewd and indecent conduct, as prohibited by law,
including public urination or defecation, by the owner, occupant or
persons frequenting the place;
5. Whether there is the possession, sale or use of controlled substances,
as prohibited by law, by the owner, occupant or persons frequenting
the place;
6. Whether there is harassing, intimidating or troublesome conduct,
as prohibited by law, by the owner, occupant or persons frequenting
the place toward persons living in the neighborhood or passing by
the place;
7. Whether there is noise prohibited by law, caused by the owner, occupant
or persons frequenting the place;
8. Whether there is the commission of other crimes, ordinance violations,
or acts done, permitted, allowed or continued to the damage or injury
of any inhabitants of the City by the owner, occupant or persons frequenting
the place;
9. Whether there is Street or sidewalk congestion caused by the owner,
occupant or persons frequenting the place;
10. Any other activity deemed relevant by the City Administrator or his
or her designee.
G. For
purposes of this Section, a person shall be considered to frequent
a place if he or she lives or works at, or visits the place, or if
the person loiters about the place.
H. If
the City Administrator or his or her designee finds that the place
is a public nuisance in violation of this Section, he or she shall
order the owner or occupant to abate the nuisance within ten (10)
days, and may further order any appropriate action to abate the same,
including that the tenant's occupancy permit be revoked and/or that
the property not be occupied or used for a specified period of time.
Any tenant whose occupancy permit is revoked pursuant to this Subsection
shall be ineligible to obtain an occupancy permit for any property
located within the City for a specified period of time from the date
of said revocation.
I. The
closure of any place pursuant to this Section shall not constitute
an act of possession, ownership or control by the City of the closed
place.
J. It
is unlawful for any person to:
1. Fail to obey an order to abate a nuisance issued pursuant to this
Section;
2. Interfere with any entry into or upon the place by any Police Officer,
agent or employee of the City for the purpose of abating or addressing
the nuisance, as ordered pursuant to this Section;
3. Occupy or use or permit any other person to occupy or use any place
ordered closed pursuant to this Section;
4. Damage or remove any notice or order posted at the place pursuant
to this Section;
5. Keep or maintain a place used for the commission of crimes, ordinance
violations, or acts done, permitted, allowed or continued to the damage
or injury of any inhabitants of the City.
K. Nothing
contained in this Section shall relieve the owner or occupant of any
place from complying with the building, fire, property maintenance
and zoning codes, or any other ordinance that regulates the condition,
maintenance or use of the place.
L. Any
violation of this Section shall be punishable as provided in the General
Penalties of the City.