Determination Of Nuisance And Abatement. If the Director
believes that a public nuisance may exist at the expiration of the
thirty (30) day period after sending the notice or posting of the
notice, he/she shall give notice to all owners and tenants by certified
mail that the Director shall hold a hearing at the time and place
specified therein for the purpose of determining whether a public
nuisance exists.
Any such notice shall be given at least twenty-one (21) days
prior to the scheduled hearing, and shall also be posted on the inhabitable
structure which shall be sufficient and notice shall be deemed received
on the date of posting.
Each interested person shall be given an opportunity at the
hearing to present evidence under oath and to be represented by counsel.
The Director shall have the power, on his/her own motion, to subpoena
witnesses and to take testimony, under oath, pertaining to all relevant
matters. The Director may continue all or part of a hearing, if necessary
to conclude the investigation.
If, based on all the evidence adduced, the Director shall determine
that the use of the inhabitable structure for the illegal use, sale,
or possession of drugs, methamphetamine precursor drugs, or chemicals
used in the manufacture of methamphetamine or the attempted manufacture
of methamphetamine is a significant, continuous, and unreasonable
interference with the rights common to all members of the community
in general, such as public health, safety, peace, morals, or convenience,
he/she may:
1. Order the discontinuance of such use of the inhabitable structure
where a public nuisance exists; and/or
2. Order the closing of said inhabitable structure as necessary to abate
the public nuisance, as described hereafter.
In determining whether an inhabitable structure should be closed
as a result of the existence of a public nuisance under this Chapter,
the Director shall consider, in addition to other relevant factors,
the impact of the closure on innocent parties; however, the lack of
knowledge of, acquiescence in, participation in, or responsibility
for a public nuisance on the part of the owners, lessors, lessees,
mortgagees and all other persons in possession or having charge of
as agent or otherwise, or having an interest in the inhabitable structure
used in conducting or maintaining the public nuisance shall not be
a defense by such persons or entities.
Results of the hearing shall be mailed to the owner or the tenant
by means of certified mail, return receipt requested. Any interested
person or organization present at the hearing may request a copy of
the Director's order. A copy of said order shall also be posted on
the inhabitable structure within seventy-two (72) hours of the decision.
Thirty (30) calendar days after the posting of an order issued pursuant
to this Section, officers of the Edmundson Police Department are authorized
to act upon and enforce such orders.