As used in this article, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended. Those terms not defined herein shall have the meaning attributed to them in other provisions in the municipal code:
EXCESSIVE MUNICIPAL SERVICESAny qualifying calls made to a property while that property is on probationary nuisance status shall constitute excessive municipal services.
HEARING OFFICERThe Director of Licensing and Inspections shall be the hearing officer for matters as required in this article.
NUISANCE PROPERTYProperties on which activities occur that result in qualifying calls for municipal services during any sixty-day period in excess of the number of such calls shown on the schedule in §
190-9 shall be considered nuisance properties and shall be subject to the penalties and procedures as described in this article.
PROBATIONARY NUISANCE STATUSProbationary nuisance status shall apply to a property during the twelve-month period beginning on the date of notice that the public officer has determined that the property has received the requisite number of qualifying calls within a sixty-day period and during which, depending on the outcome of a hearing, the property owner and tenant/occupant, if applicable, shall be liable to the City for user charges for each qualifying call.
QUALIFYING CALLSCalls resulting from violations of state or local laws, regulations or ordinances shall be considered qualifying calls for purposes of the provisions of this article. The list below is not exhaustive, and the hearing officer is authorized to determine if any calls for violations not specifically identified below shall also constitute a qualifying call. However, calls for permitting, licensing, inspections or similar administrative functions shall not be considered qualifying calls. Qualifying calls are calls for violations of any law, regulation or ordinance relating to;
A. The sale, service or consumption of alcoholic beverages;
B. Disorderly conduct, disturbing the peace, littering, or excessive noise;
C. Damage to property or injury to a person;
D. Improperly parking of a vehicle or any motor vehicle violation on private property;
E. Possession of a barking, howling, biting or dangerous animal;
F. Possession, distribution or usage of a controlled dangerous substance;
H. Public urination, defecation or indecent exposure;
J. City codes, including Property Maintenance, Zoning and Health violations.
USER FEEThe user fee shall be a fee of $300 for each additional qualifying call made to the subject property within the twelve-month period following the date that a complaint is issued for the excessive consumption of municipal services.