Laserfiche WebLink
D. Prosecution. <br /> Any owner who , p <br /> encoura es engages in, permits, or fails to abate a 1 <br /> g <br /> criminal nuisance after receiving any required notice to abate same may be <br /> charged with permitting or maintaining a nuisance in violation of this Section. <br /> An owner convicted of the charge shall be subject to a fine and imprisonment <br /> not to exceed $1,000.00 and 90 days in jail, or both. Each occurrence of a <br /> criminal nuisance within the 12 month time frame, regardless of proximity in <br /> time to any other nuisance violation, shall be deemed a separate and distinct <br /> offense for which a summons may be issued. If the owner fails to abate a <br /> criminal nuisance after having received notice to abate, each day that the <br /> charged violation continues to exist shall constitute a separate offense and <br /> shall be subject to the imposition of separate penalties by the municipal court. <br /> E. Administrative Enforcement. <br /> 1. If additional nuisance activity occurs on the noticed premises <br /> within 12 months of the date of the notice, the city may initiate an <br /> administrative hearing to ensure the abatement of the criminal nuisance. <br /> sance. <br /> Administrative enforcement may be pursued in addition to or in lieu of <br /> criminal prosecution. <br /> 2. The City `s prosecuting attorney shall issue a notice of <br /> hearing to the owner of the subject premises. The notice shall be personally <br /> delivered or sent by first class United States mail and by certified, return <br /> receipt mail, and a copy shall also be posted in a prominent place on the <br /> premises. The notice shall: F <br /> (a) Provide a time, date, and location for the hearing, with <br /> the date being not less than 30 days from the date of the notice; , <br /> (b) Identify the activities or conditions constituting the <br /> nuisance; <br /> (c) Direct the owner to immediately abate the nuisance; <br /> (d) Provide the owner with a reasonable opportunity to <br /> meet with a city representative to discuss the nuisance, the need for <br /> abatement, and the hearing; and <br /> (e) Be accompanied by a copy of this Section. <br /> 3. The city manager or a designee shall serve as hearing officer <br /> and shall be represented by the city attorney. The hearing officer: <br /> Page4of7 <br />