Violations of certain City laws (i.e. ordinances) at a residential or commercial property may be declared nuisances if they are engaged in by (a) the owner, (b) any occupant, or (c) any guest of the owner. If the Police find that two or more violations occur within an 18-month period, the owner may be sent a notice declaring the property a "nuisance," and then after a third violation, the Police may send a notice and charge police response costs for the third and any subsequent violation within 18 months. (The cost to owners is the hourly rate for each officer responding x 75% x number of hours, plus $20 per hour for the cruiser.)
Nuisance activity includes:
- Animal odor, noise
- Disorderly conduct, disturbance of the peace
- Drug abuse
- Gambling
- Health, safety, or sanitation
- Obstruction of official business
- Sex offenses, public indecency, procuring, or prostitution
- Assault, menacing
- Criminal damaging, endangering, mischief
- Littering or deposition of waste
- Weapons, explosives, firearm, or handgun
- Noise
- Fireworks
Owners may file an appeal with the Chief of Police for any notice sent under this law within 30 days of the date of the notice. If the Chief determines the facts do not support the declaration of nuisance, the Chief will rescind the notice. If the Chief finds that the facts do support the declaration, the Board of Appeals will hear the appeal. An appeal will not stop the City from taking enforcement action or pursuing criminal prosecution. On appeal, in order to overturn the nuisance declaration, the owner must show that:
- He/she was not the owner at the time of any one of the nuisance activities
- He/she had knowledge of the nuisance activity, but took action to stop the activity from occurring
- He/she had no knowledge, but as soon as he/she received notice, the owner took action to stop it from happening again.