5.07.055 Notice of existing chronic nuisance.
A. After providing notice of a potential chronic nuisance under BC 5.07.050, if the lieutenant or other officer of higher rank has reasonable grounds to believe the premises have become a chronic nuisance, the lieutenant or other officer of higher rank shall give written notice to a person in charge of the premises that the City considers the premises a chronic nuisance. The notice shall contain the following information:
1. The street address or a legal description sufficient to identify the premises.
2. A statement that the premises are considered a chronic nuisance, together with a concise description of the nuisance activity upon which the statement is based.
3. A statement that a person in charge of the premises may meet with a representative of the police department to devise a written plan to attempt to prevent or eliminate future nuisance activity at or near the premises.
4. A statement that if a person in charge of the premises desires to meet with a representative of the police department to devise a written plan to attempt to prevent or eliminate future nuisance activity at or near the premises, the person must respond to the lieutenant or other officer of higher rank within 10 days from the date of the notice to arrange the meeting.
5. A statement that the failure of a person in charge of the premises to promptly meet, discuss and devise a plan to prevent or eliminate future nuisance activity giving rise to a chronic nuisance may be a factor that increases the penalty or length of closure imposed by a court should the premises be found to be a chronic nuisance.
6. If after notification as provided in this section, but prior to the commencement of any action by the City pursuant to this ordinance, a person in charge of the premises prepares and submits to the City a written plan that the City believes is likely to prevent or eliminate future nuisance activity at or near the premises, the City may delay commencement of an action related to the chronic nuisance for not more than 90 days.
a. The City may elect to indefinitely postpone commencement of any action to enjoin or abate the chronic nuisance if, while the City is delaying commencement of an action related to the chronic nuisance, no new nuisance activity occurs at or near the premises. However, the decision to indefinitely postpone commencement of an action to enjoin or abate a chronic nuisance does not require the City to postpone commencement of an action to impose a penalty under this or any ordinance of the City.
b. The City may immediately commence an action to enjoin or abate the chronic nuisance and/or to impose a penalty under this ordinance if (1) a person in charge of the premises fails to prepare and submit a written plan that the City believes is likely to prevent or eliminate future nuisance activity at or near the premises, or (2) for any reason whatsoever, new nuisance activity occurs at or near the premises while the City is delaying commencement of an action related to the chronic nuisance.
B. The opportunity to meet and negotiate under this section does not compel a person to agree to a proposal or require the making of a concession. A person in charge of premises has the burden to prepare and submit the written plan provided for in this section. [BC 5.07.055, added by Ordinance No. 4020, 7/20/98]