8.18.040 Police Chief’s Determination.
A. If the police chief determines that property may be chronic nuisance property, the police chief shall notify the owner and the owner’s registered agent, if known, in writing. In deciding whether to proceed, the police chief shall consider whether the owner has reported the incidents and otherwise acted responsibly and whether proceeding would discourage future reporting and cooperation in discouraging unlawful behavior. The notice shall contain the following information:
1. The street address or description sufficient for identification of the property;
2. That the police chief is considering whether the property is a chronic nuisance property together with a concise description of the information upon which the police chief is relying. If any of the incidents relied on occurred on property other than that which is the subject of the notice, the notice shall include a concise description of the location and the causal relationship between the subject property and the incident;
3. A direction that the owner has 15 days from the date of mailing the notice to provide information to the police chief demonstrating that the property is not a chronic nuisance, inform the police chief of the actions the owner intends to take to address the allegations or indicate good cause as to why the owner cannot do so.
B. If the owner fails to respond or to demonstrate to the police chief that further action should not be taken, the police chief shall issue a determination of chronic nuisance and direct the owner to abate the nuisance within 30 days, or show good cause to the police chief why the owner cannot meet the deadline. The notice shall state that:
1. If the nuisance is not abated within the 30-day period, and good cause for failure to abate is not shown, the council, or its designee, may order abatement or closure of the property with appropriate conditions. The council, or its designee, may also employ any other remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing a civil complaint in a court of competent jurisdiction;
2. If the council or its designee orders the property owner to take some action to abate the nuisance, the owner may be required to pay to the city a civil penalty of $250.00 a day for each day the owner fails to take the action;
3. If the council or its designee orders the owner to abate the nuisance, the owner may be required to pay a civil penalty of $500.00 per incident for subsequent incidents, as defined by Section 3. B. 3, occurring on the property within six months of the order;
4. Permitting chronic nuisance property is a violation of this chapter;
5. The above remedies are in addition to those otherwise provided by law.
C. Service of a notice to the property owner provided for in this chapter is completed upon mailing the notice by certified mail, return receipt requested, postage prepaid, addressed to:
1. The owner’s registered agent, if any is known; and
2. The owner at the address of the property believed to be a chronic nuisance property, and to such other address as shown on the tax rolls of the county in which the property is located or such other place which is believed to give the owner actual notice of the determination by the police chief.
D. A copy of the notice shall be served on occupants of the property, if different from the owner. Service shall be completed upon mailing the notice first class, postage prepaid, address to “occupant” of each unit of the property believed to be a chronic nuisance property.
E. In addition, a copy of the police chief’s determination that the property is a chronic nuisance shall be posted on the main entrance of the property in a conspicuous manner.
F. The failure of any person or owner to receive actual notice of the determination by the police chief shall not invalidate or otherwise affect the proceedings under this chapter. (Ord. 4784 §4, 2003).