CHAPTER 14A. NUISANCES.
Article VIII. Community Safety.
Sec. 14A-8-2. Findings and purpose.
(a) The city council finds that:
(1) Behaviors and activities of
person(s) on real property within the city may constitute a public nuisance and
thereby a significant risk to public safety when such behaviors and activities
are associated with the ongoing occurrence of criminal activity.
owner of real property within the city is responsible for monitoring his/her
property and for taking appropriate and reasonable action to prevent or address
behaviors or activities occurring on his/her property that contribute to crime
or create public nuisances. When a property owner, after receiving notice
hereunder, fails to take appropriate and reasonable action to prevent and/or
address such behaviors and activities it is necessary for the health, safety,
and welfare of the neighborhoods and the city as a whole, that the city is able
to undertake administrative or judicial action.
(3) Because behaviors and
activities that are associated with the ongoing occurrence of criminal activity
or crime have a substantial negative impact upon individuals, neighborhoods, and
the city as a whole, the city council, in adopting this article, finds the
administrative penalties imposed for a violation of this article are justified
and necessary to protect the property, health, safety, and welfare of this
(4) Community safety must be protected in a way that does not
result in housing discrimination or evictions based upon prejudice,
unsubstantiated fear, or personal animosities. Nothing in this article exempts
property owners from strict compliance with state and federal housing laws,
including, but not limited to, laws regarding evictions, retaliatory or
discriminatory conduct, or invasion of privacy.
(5) Chronic nuisance
properties have a tremendous negative impact upon the quality of life, safety,
and health of neighborhoods where they are located. This article is enacted to
remedy nuisance properties by providing a process for abatement; and this remedy
is not an exclusive remedy available under any state or local laws and may be
used in conjunction with such other laws.
(6) Also, chronic nuisance
properties are a financial burden to the city by the repeated calls for service
to the properties, because of the nuisance activities that repeatedly occur or
exist on such property, and this article is a means to ameliorate those
conditions and hold responsible the owner or persons in charge of such
(b) Based on these findings, the purpose of this article
(1) To provide administrative and civil remedies against property owners
who permit, allow, or fail to prevent ongoing behaviors and activities to occur
on their properties that compromise public safety.
(2) It is not the purpose
of this article to subject property owners to any legal liability resulting from
a tenant’s actions occurring away from the owner’s property. (Ord.
No. 1492, § 3 (part).)