The City hereby determines that whenever the
use, sale, furnishing, giving or possession of controlled substances
or drug paraphernalia occurs on any property, the result is increased
criminal activity in the neighborhood surrounding the property, increased
pedestrian and/or vehicular traffic in the surrounding neighborhood
and disruption of the peace and quiet of residents living in the neighborhood
surrounding the property, thereby creating a public nuisance.
It shall be a persuasive presumption that a
property is a public nuisance if the following criteria are met:
A. That controlled substances and/or narcotic paraphernalia
are used, sold, furnished, given or possessed on the property, or
that the property has been raided by the police and controlled substances
and/or drug paraphernalia are found by the police.
B. That a letter has been sent to the property owner
informing the owner that controlled substances and/or drug paraphernalia
have been found by the police at the property. The letter must inform
the owner of the potential consequences if a similar activity occurs
at the property. The letter shall either be sent by certified or registered
U.S. mail, return receipt requested, or personally served on the property
owner in whose name the property appears upon the last local tax assessment
roll.
C. That controlled substances and/or narcotic paraphernalia
are sold, furnished, given or possessed on the property again within
365 days from the date that they were first sold, furnished, given
or possessed on the property, or that the same property is raided
again within 365 days from the date of the first raid, and controlled
substances and/or narcotic paraphernalia are found in the raid.