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1. What is a criminal activity nuisance?

Violations of certain City laws (i.e., ordinances) at a residential property, or within 300 feet of the property, may be declared nuisances if they are engaged in by the owner, any occupant, or any guest of the owner or any occupant. 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. (Chapter 109 of Codified Ordinances)

2. What acts are considered violations under the criminal activity nuisance law?

• Animal odor, noise
• Assault, menacing
• Criminal damaging, endangering, mischief
• Disorderly conduct, disturbance of the peace
• Drug abuse
• Fireworks
• Gambling
• Health, safety, or sanitation
• Littering or deposition of waste
• Noise
• Obstruction of official business
• Sex offenses, public indecency, procuring, or prostitution
• Weapons, explosives, firearm, or handgun

Note that Domestic violence is not considered a criminal activity nuisance for which the owner may be charged.

3. May I appeal Criminal Activity Nuisance violations?

Yes, the owner 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 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.
• He/she was not the owner at the time of any one of the nuisance activities

4. How are costs assessed and calculated?

The cost to owners is the hourly rate for each officer responding times 75% times number of hours (plus $20 per hour for the cruiser).