Noteworthy Legislation
*Summary: Criminal Activity Nuisance Ordinance
This ordinance addresses the problem of repeated violations of law at certain residential properties, which place a burden on the City’s safety forces and the taxpayers. Repeated criminal activities interfere with the comfortable enjoyment of life and property for the neighbors of such nuisance properties, and lead to the deterioration of neighborhoods.
Criminal violations engaged in by the owner, any occupant, or any guest of the owner or any occupant may be declared nuisances and the City can recover the cost of Police response from the property owner. The formula for charging property owners is the hourly rate for each officer responding x 75% x number of hours.
If TWO violations occur within any 12-month period at a residence, the owner may be sent a notice declaring the property a “nuisance” and warning that if one more violation occurs, the owner will be charged the cost of Police response. Violations include:
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animal odors/noise
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disorderly conduct
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disturbance of the peace
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drugs
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gambling
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health, safety, or sanitation
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obstruction of official business
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sex offenses
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public indecency
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prostitution
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assault
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menacing
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criminal damaging
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littering
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waste deposition
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weapons
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explosives
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noise, or
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fireworks
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The owner may appeal the notices within thirty days. The Police Chief will either rescind the notice or refer it to the Board of Housing Code Appeals for a hearing. On appeal, the owner may prevail if he/she was not the owner at the time of any of the violations, or he/she took action to stop the activity from occurring.
Resources:
Frequently asked questions about the Criminal Activity Nuisance Ordinance.
Contact the Law Department, 216-491-1440, with additional questions.
