[Adopted 1-4-1999 by Ord. No. 98-021]
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.
A.
Whenever the use, sale, furnishing, giving or possession
of controlled substances or drug paraphernalia occurs on any property,
the City Council may declare such property a public nuisance by resolution.
Prior to such declaration, notice shall be given to the owner, a public
hearing shall be held and a recommendation shall be submitted from
the appropriate department.
B.
Notice to the property owner of the public hearing
shall consist of either personal service or certified or registered
U.S. mail, return receipt requested, to the owner in whose name the
property appears upon the last local tax assessment roll. Notice to
the owner shall occur at least 14 calendar days prior to the date
of the public hearing.
A.
If the City Council determines that a property is
a public nuisance, then, in addition to any other remedies available
to the City in law or equity, the City Council, by resolution, may:
(1)
Authorize the Department of Public Services to prohibit
the occupancy of the property by either padlocking a portion of the
property or boarding up the property, whichever is appropriate, for
a period of up to one year from the date Council adopted the resolution;
and/or
(2)
Determine that the owner shall be liable for the full
cost and expense of any and all City employees utilized to padlock
or board up the property, including any and all employees utilized
to remove padlocks and/or boarding devices; as well as the full cost
and expense of any and all police officers involved in each drug-related
activity, including arrests and drug raids, on the property. Such
costs shall be assessed against the property.
B.
If the City Council determines that property which
is the subject of the public hearing is, according to current court
documents, the subject of eviction proceedings, the City Council may
take the matter under advisement and withhold declaration of the property
as a public nuisance until such time as evidence is submitted to the
Clerk/Treasurer that the eviction proceedings have been completed,
terminated or otherwise resolved.
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.
A.
The decision of City Council shall be final. However,
an owner and/or taxpayer of record of raided property subject to this
article may appeal to the Circuit Court. Upon appeal, the Court shall
review the record and decision of the City Council to ensure that
the decision:
B.
If the Court finds the record of the City Council
inadequate to make the review required by this section, or that there
is additional evidence which is material and was not presented to
the City Council, the Court shall order further proceedings before
the City Council. The City Council may modify its findings and decision
as a result of the new proceedings, or it may affirm its original
decision. The supplementary record and decisions shall be filed with
the Court.
C.
As a result of the review required by this section,
the Court may affirm, reverse or modify the decision of City Council.
