[HISTORY: Adopted by the Mayor and Council of the City of
Aberdeen 1-10-2000 by Ord. No. 564-99 (Ch. 109 of the 1990 Code). Amendments
noted where applicable.]
A.
The Mayor and City Council find that:
(1)
Illegal activities or behavior of persons on properties within the
City can constitute public and private nuisances.
(2)
To maintain the public health, safety and welfare, the City must
abate nuisance-creating conditions existing on properties.
(3)
Owners of properties within the City must be responsible to monitor
their properties and to take timely and appropriate action if a nuisance
exists thereon, whether that nuisance is created by existing physical
conditions or by nuisance-creating behaviors. Such nuisances can be
avoided with adequate property management.
B.
The City deems it necessary to set forth and enforce minimum standards
relating to the management of residential and commercial properties
to protect the public health, safety and welfare and to provide a
remedy which will permit the City or private persons to take effective
action against property owners on whose property nuisances occur,
in order to compel such owners to abate the nuisances.
The provisions of this chapter shall apply generally to all
property throughout the City of Aberdeen wherein any of the nuisances
hereinafter specified are found to exist; provided, however, that
any condition which would constitute a violation of this chapter but
which is duly authorized under any City, state or federal law shall
not be deemed to violate this chapter.
A.
Every owner of real property within the City is required to manage
the property in a manner so as not to create or allow a public nuisance
or to have an adverse impact on adjoining properties or the neighborhood
or to violate the provisions of this Code. The owner shall remain
liable for violations thereof regardless of any contract or agreement
with any third party regarding the property.
B.
Every building or unit within a building used for the purpose of
unlawfully manufacturing, delivering, selling, storing or giving away
any controlled substance, and every building or unit within a building
wherein or upon which such acts take place, is a nuisance which shall
be enjoined, abated and prevented, whether it is a public or private
nuisance.
C.
ADVERSE IMPACT
(1)
(2)
(3)
(4)
(5)
BUILDING
As used in the chapter, the following terms shall have the meanings
indicated:
Includes consideration of, but is not limited to, the following:
Any search warrants served on the property where controlled
substances were seized;
Investigative purchases of controlled substances on or near
the property by law enforcement or their agents;
Arrests of persons who frequent the property for violation of
controlled substances laws;
Increased volume of traffic associated with the property; and
The number of complaints made to law enforcement of illegal
activity associated with the property.
Includes, but is not limited to, any structure or any separate
part or portion thereof, whether permanent or not, or the ground itself.
It is hereby declared a public nuisance for any person, firm
or corporation, whether owner, lessor, lessee, sublessor, sublessee
or occupant of any premises in this City, to permit those premises
to be used in such a manner as to constitute a public nuisance or
create an adverse impact on adjoining properties or the surrounding
neighborhood that any one or more of the activities described in the
following subsections are found to occur thereon:
A.
The illegal sale of controlled substances and other illegal drugs
and substances which creates a public nuisance.
B.
The illegal use of controlled substances and other illegal drugs
and substances which creates a public nuisance.
C.
Increased volume of traffic associated with the property and/or arrests
of persons who frequent the property for violation of controlled substance
laws.
D.
Prostitution.
E.
The firing of gunshots or brandishing of weapons by a resident or
by a guest of a resident.
F.
The occurrence of criminal activity which threatens life, health,
safety or welfare of the residents, neighbors or the public.
G.
"Nuisance" which includes a property (including a mobile home) that
is used:
(1)
By persons who assemble for the specific purpose of illegally administering
a controlled dangerous substance;
(2)
For the illegal manufacture or distribution of:
(3)
For the illegal storage or concealment of a controlled dangerous
substance in sufficient quantity to reasonably indicate under all
the circumstances an intent to manufacture, distribute or dispense:
H.
Maintains property in such a manner so as to create adverse impact
on adjoining properties or surrounding neighborhoods.
A.
The City or any person affected by a public nuisance described in
this Code may bring a civil action for injunctive relief to abate
the nuisance against any owner who violates this Code, provided that
the City has given the owner or the owner's agent(s) written
notice to abate said nuisance. Notification shall be sent by certified
mail or hand delivered by a law enforcement official and shall describe
in detail the adverse impact associated with the property on the surrounding
neighborhood. The owner of the property shall have a maximum of 45
days from the date the notice is received to abate the nuisance before
a formal complaint is filed with the court; provided, however, that
if the violation cannot be abated within the time period specified,
the Mayor and City Council may extend the time period for compliance
for a reasonable period of time upon submission of an acceptable abatement
plan by the property owner or the property owner's agent. In
determining whether the abatement plan is acceptable, consideration
by the Mayor and Council shall include but shall not be limited to:
B.
Any complaint filed under this chapter shall be accompanied by an
affidavit for purposes of showing that the owner or his or her agent
has had an opportunity to abate the nuisance, including time extensions,
if any. The affidavit shall contain a description of all attempts
to notify and locate the owner of the property or the owner's
agent.
The City or other person shall have the following remedy:
A.
Failure to abate the nuisance within the time period specified by
this chapter, including any extensions, if any, shall be subject to
an application for a temporary restraining order or preliminary injunction.
The court may, upon a showing of good cause, issue an ex parte restraining
order or preliminary injunction preventing the defendant and all other
persons from removing or in any manner interfering with the personal
property and contents of the place where the nuisance is alleged to
exist and may grant such preliminary relief as is necessary to prevent
the continuance or recurrence of the nuisance pending the decision;
the stock-in-trade may not be so restrained, but an inventory and
full accounting of all business transactions may be required. Any
violation of the order or injunction is a contempt of court, and where
such order or injunction is posted, mutilation or removal thereof
while the same remains in force is a contempt of court if such posted
order or injunction contains a notice to that effect.
B.
If the existence of the nuisance is established in the action, an
order of abatement shall be entered as part of the final judgment
in the case. Plaintiffs costs in the action, including those of abatement,
shall constitute a lien upon the building or unit within a building.
The lien is enforceable and collectible by execution issued by order
of the court.
C.
If the court finds that the owner has been making reasonable efforts
to abate the nuisance, has not been guilty of contempt of court in
the proceedings, and will immediately abate any such nuisance that
may exist at the building or unit within a building and prevent it
from being a nuisance within a period of one year thereafter, the
court may order the building or unit within a building to be delivered
to the owner, and no order of abatement shall be entered. If the owner
meets the requirements of this subsection, the order of abatement
shall be canceled.
Any final order of abatement issued under this chapter shall:
A.
Direct removal of all personal property subject to seizure and forfeiture
from the building or unit within a building and direct its disposition;
B.
Provide for the immediate closure of the building or unit within
a building against its use for any purpose and for keeping it closed
for such period of time as the court may determine; and
C.
State that while the order of abatement remains in effect the building
or unit within a building shall remain in the custody of the court.
The provisions of this chapter are intended to be supplementary
to all of the other provisions of the City Code and state law, and
all remedies set forth herein shall be cumulative to other remedies
which may be available under the City Code or state law.
Upon adoption of this chapter, all written leases, rental contracts
and agreements that give individuals or groups of individuals the
right or privilege to occupy real property for the purpose of using
such property as a residence, dwelling, refuge or shelter shall contain
the following provision:
"The City of Aberdeen has adopted a Property Nuisance Abatement
Ordinance which states it is a public nuisance for any person, firm,
or corporation, whether owner, lessor, lessee, sublessor, sublessee
or occupant of any premises in this City, to permit those premises
to be used in such a manner so as to create an adverse impact on adjoining
properties or the surrounding neighborhood.
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'Adverse impact' includes consideration of, but is not limited
to, the following: Any search warrants served on the property where
controlled substances were seized; investigative purchases of controlled
substances on or near the property by law enforcement or their agents;
arrests of persons who frequent the property for violation of controlled
substances laws, increased volume of traffic associated with the property;
and the number of complaints made to law enforcement of illegal activity
associated with the property.
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It shall be a violation of this agreement and grounds for eviction
if any of the adverse impact offenses occur as a result of activity
on this property."
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