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City code section
(Amended by Ordinance 192173, effective June 5, 2026.)
- A. When the City Administrator or their designee(s) receives three or more police reports or other official documentation that a police officer has determined that probable cause exists to believe that a nuisance activity has occurred on or within 200 feet of a property as defined in Section 14B.60.010, the City Administrator or their designee(s) will notify the person in charge in writing that the property has been determined to be a chronic nuisance property. The notice will contain the following information:
- 1. The street address or a legal description sufficient for identification of the property;
- 2. A statement that the City Administrator or their designee(s) has determined the property to be chronic nuisance property with a concise description of the nuisance activities leading to the determination;
- 3. Demand that the person in charge respond within 14 days to the City Administrator or their designee(s) and propose a course of action to abate the nuisance activities giving rise to the violation;
- 4. A list of possible abatement measures as described in Section 14B.60.035, any city resources that may be available to assist in implementation of abatement measures, clear points of contact and a summary of potential next steps or future actions.
- 5. Service must be made either personally or by first class mail, postage prepaid, return receipt requested, addressed to the person in charge at the address of the property determined to be a chronic nuisance property, or such other place which is likely to give the person in charge notice of the determination by the City Administrator or their designee(s); and
- 6. A copy of the notice must be served on the owner at the address shown on the tax rolls of the county in which the property is located and/or on the occupant at the address of the property, if these persons are different than the person in charge. Service will be made either personally or by first class mail, postage prepaid.
- B. If the person in charge fails to respond as required by Subsection 14B.60.030 A.3., the City Administrator or their designee(s)may refer the matter to the City Attorney. Prior to referral, the notice required by Subsection 14B.60.030 A. must be posted at the property.
- C. If the person in charge responds as required by Subsection 14B.60.030 A.3. and agrees to abate nuisance activities giving rise to the violation, the City Administrator or their designee(s)may postpone referring the matter to the City Attorney. If no agreement concerning abatement is reached within 60 days; or, if an agreed course of action does not result in the abatement of the Nuisance Activities within 90 days, the City Administrator or their designee(s) may refer the matter to the City Attorney.
- D. When a person in charge responds to the City Administrator or their designee(s) as required by Subsection 14B.60.030 A.3. any conduct or statements made in connection with the furnishing of that response does not constitute an admission that any nuisance activities have occurred or are occurring. This Subsection does not require the exclusion of any evidence which is otherwise admissible or offered for any other purpose.
- E. The failure of any person to receive notice as provided by Subsection 14B.60.030 A. will not invalidate or otherwise affect the proceedings under this Chapter.