[Adopted 10-25-2012 by Ord. No. 1659]
The City Council of the City of Butler, Butler County, Pennsylvania, finds it to be in the interest of the residents of the City of Butler and the general public to provide for the regulation of conduct it deems to be offensive; to prevent vice, disorder and immorality; and to promote public peace, health and safety, and to this end the Council enacts this article.
No person who has legal or equitable ownership of real estate (property) located in the City shall knowingly allow that real estate to be used as the site for the sale of illicit narcotics or controlled dangerous substances after having received written notice from the City that a present occupant or tenant of that property has been convicted of selling illicit narcotics or controlled dangerous substances at that property.
Nothing in this article shall be construed to encourage or authorize the discrimination by lessors against any person(s) based upon race, creed, religion, sex, age or national origin. Rather, it is the intent of this article to hold persons accountable for acquiescing the continued use of their property as the location of illegal drug sales, after having received notice as set forth in § 192-28.
The conviction for violation of this article will be determined by the appropriate judicial authority; such determination of conviction shall be made where:
No person shall be charged with the violation of this article if such person has instated eviction proceedings against the tenant(s) whose suspected criminal activities would otherwise give rise to potential liability under this article. The owner (lessor) is required, however, to move forward expeditiously with any such eviction proceedings.
Whoever violates any provision of this article shall upon conviction thereof be fined not more than $1,000 and costs of prosecution or shall be imprisoned for no more than 90 days, or both such fine and imprisonment. This article is effective immediately.