§ 9-61. Findings.

The city council hereby makes the following findings:

(a)

That any property that has generated three or more responses from the Police Department for nuisance activities within 30 days, or five or more responses in 90 days, has received significantly more services than the normal level of general and adequate police service provided to the public and has placed an extraordinary and unnecessary burden on the citizens, businesses, taxpayers and property owners of the City, has disproportionately used police services, and substantially reduced the availability of police services for other citizens.

(b)

That property owners, and other parties who control a property, that chronically fail to control the use of their property substantially interfere with the comfortable enjoyment of life, health and safety of other citizens and the community.

(c)

That it is in the public interest to require the owners and/or other responsible parties of such property to bear the additional costs associated with abating violations at properties at which nuisance activities chronically occur.

(d)

That such properties disproportionately consume City services and impose an economic burden on properties in the City.

(e)

That nuisance properties receive special services which extend far beyond general law enforcement or code enforcement activities and that the abatement of chronic nuisances by the City is a municipal service.

(f)

That abating chronic nuisances possesses a logical relationship to the use and enjoyment of the benefitted real property and provides a direct, special benefit to the real property by:

(1)

Reducing property maintenance costs;

(2)

Reducing property management costs;

(3)

Eliminating the invitation of on-site criminal activities;

(4)

Protecting the health and safety of the occupants and nearby persons;

(5)

Protecting the value of the real property; and

(6)

Enhancing market perceptions of the real property.

(g)

That the cost of abating the nuisance activities shall be entirely apportioned to the benefitted real property receiving the services.

(h)

That the cost of abating the nuisance activities may be levied against the benefitted real property as a special assessment superior to all other private rights, interests, liens, encumbrances, titles and claims upon the real property and equal in dignity with a lien for ad valorem taxes.

(Ord. No. 181-H, § 1, 6-11-2015)