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Do If the place continues to be used for the commission of crimes or ordinance violations after such notice, the Chief of Police shall file a petition with the City Manager which shall state what relief is sought or proposed and the reason for granting it. go The City Manager or his or her designee shall set the time and location for a heating based on the petition, and shall cause notice thereof and a copy of the petition to be served on the owner and occupant of the place at least ten (10) days prior to the hearing. Service shall be personal or by certified mail. F° At the hearing the City Manager or designee shall determine whether the place is a public nuisance, giving such weight to the following factors as he or she deems appropriate: The physical characteristics of the neighborhood in which the place is located, with particular consideration given to the proximity of the place to residential property, parks, churches, schools and playgrounds; Whether there is littering, as prohibited by law, by the owner, occupant or persons frequenting the place; o Whether there is drinking of alcoholic beverages in public, as prohibited by law, by the owner, occupant or persons frequenting the place; Whether there is lewd and indecent conduct, as prohibited by law, including public urination or defecation, by the owner, occupant or persons frequenting the place; Whether there is the possession, sale or use of controlled substances, as prohibited by law, by the owner, occupant or persons frequenting the place; ° Whether there is harassing or intimidating conduct, as prohibited by law, by the owner, occupant or persons frequenting the place, toward persons living in the neighborhood or passing by the place; Whether there is noise, as prohibited by law, caused by the owner, occupant or persons frequenting the place; ~ Whether there is the commission of other crimes or ordinance violations by the owner, occupant or persons frequenting the place;