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