ORDINANCE NO. 6825 AN ORDINANCE AMENDING THE NUISANCE ORDINANCE TO INCLUDE CHRONIC PROBLEM PROPERTIES IN THE CITY OF KOKOMO, INDIANA WHEREAS, the Common Council (the "Common Council") of the City of Kokomo, Indiana (the "City") adopted Code Section 99 (Nuisance Ordinance 6019 passed December 17, 1996), Amended Ordinance 6073 passed December 8, 1997, Amended Ordinance 6421 passed April 24, 2006, Amended Ordinance 6504 passed September 24, 2007, Amended Ordinance 6549 passed August 25, 2008 and Amended Ordinance 6595 passed on October 26, 2009. WHEREAS, excessive calls to the Kokomo Police Department for service to problem areas, trouble spots, or high activity areas, place an undue burden on law enforcement resources, which may result in decreased public safety services being provided to other geographic areas of the City of Kokomo. WHEREAS, the regulations set forth in this ordinance are designed to protect the overall public health, safety and welfare of the city. This legislation is essential to help prevent and assist in abating repeat calls for service to the same property or location. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF KOKOMO, INDIANA, as follows: SECTION I Section 99.01 is amended to include the following: Definitions. "Chronic Nuisance Property" means a property which meets the following criteria: (1) Any commercial property that requires more than 3 law enforcement runs in a thirty (30) day period to respond to a report of theft for a value less than fifty dollars; (2) Any commercial, residential or residential rental property that receives three (3) ordinance violations or verified complaints of nuisance activity in any thirty (30) day period. (3) Any apartment complex that receives five (5) ordinance violations or verified complaints of nuisance activity in any thirty (30) day period. "Enforcement Authority" shall mean the City of Kokomo's Division of Building & Code Services. "Person" shall mean a human being, a firm, labor organization, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, or receivers. "Prohibited Conduct" shall mean conduct or activities occurring in violation of statutes or ordinances relating to any of the following: (1) Use of sale of illegal drugs or controlled substances, as defined in IC 35-48; (2) Prostitution, patronizing a prostitute, or promoting prostitution, as defined in IC 35-45-4; (3) Gambling, as defined in IC 35-45-5-1; (4) Battery, as defined in IC 35-42-2-1; (5) Contributing to the delinquency of a minor, as defined in IC 35-46-1-8; (6) Resisting law enforcement, as defined in IC 35-44-3-3; (7) Disorderly conduct, as defined in IC 35-45-1-3; (8) Criminal recklessness, as defined in IC 35-42-2-2; (9) Unnecessary noises, as prohibited by Code Section 132 of the code of ordinances; (10) Failure to keep vacant property secured against entry, in violation of Code Section 150 of the code, or IC 36-7-9 (Unsafe Building Law) or any other fire or property maintenance codes constitutes prohibited conduct regardless of whether the city has issued a citation for the violation, issued an order to secure, or taken action to abate the condition. Property Designations shall be defined as follows: (A) "Apartment complex" shall mean real property consisting of at least five (5) units that are regularly used to rent or otherwise furnish residential accommodations for periods of at least thirty (30) days. (B) "Commercial property" shall mean a business engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services, or the maintenance or operation of offices, recreational, or amusement enterprises. (C) "Residential property" shall mean a dwelling used exclusively for residential occupancy, including single-family units and two-family dwelling units. (D) "Residential rental property" shall mean real property consisting of not more than four (4) units that are regularly used to rent or otherwise furnish residential accommodations for periods of at least thirty (30) days. Not included within this definition would be a public entity as defined as follows: (A) any Federal, State or local government; (B) any department, agency, special purpose district, or other instrumentality of the Federal Government or a State or States or local government; and (C) the National Railroad Passenger Corporation, and any commuter authority. "Verified Complaint" shall mean a law enforcement documented call for service that an incident took place at a specific property address requiring sworn law enforcement personnel to be dispatched or caused to respond. The term does not include incidents involving an occupant of the premises who is the victim of the crime, or any ambulance or medical service response. SECTION II Section 99.02 is amended to include an additional paragraph which reads as follows: (a) No owner, occupant, tenant, or any person having a substantial property interest in any real or personal property within the city limits, or any agent thereof, shall maintain, create, cause, place, deposit, leave, or permit a nuisance to remain on such property, or upon any public place abutting such real or personal property. (b) No owner, occupant, tenant, or any person having a substantial property interest in any real or personal property with the city limits, or any agent thereof, shall own, rent, or lease a Chronic Nuisance Property. SECTION III Section 99.11 is amended to include the following: (a) Abatement notice. Where, upon inspection, reasonable cause is found to believe that a Nuisance or a Chronic Nuisance Property exists, the Enforcement Authority shall issue a written abatement notice. (b) To whom notice is given. Abatement notices shall be served upon all know holders of substantial property interests in the real estate upon which the Nuisance or Chronic Nuisance Property is alleged to exist. If the resident or occupant of the premises is not the owner of record of the real estate, the Enforcement Authority is authorized to serve the owner of record as shown in the records of the Howard County Recorder's Office in addition to other known holders of substantial property interests, including the resident, or occupant. SECTION IV Section 99.13 is amended to include the following: (a) Any owner, tenant or occupant, or person holding a substantial property interest in private premises upon which a Nuisance or a Chronic Nuisance Property is alleged to exist who disputes the existence of such, or disputes the nature of the abatement action ordered in the abatement notice, may, within ten (10) calendar days of service of the abatement notice, serve upon the enforcement authority a written request for a hearing. The written request does not need to be in any particular form, but shall clearly indicate that a hearing is requested, and shall set out the nature of the individual's disagreement with the content of the abatement notice. SECTION V Section 99.99 is amended to include an additional paragraph which reads as follows: (c). Any owner(s) of commercial, residential, or residential rental property who is found to have a Chronic Nuisance Property shall be assessed a fine after receiving three (3) ordinance violations or verified complaints of nuisance activity in any thirty (30) period; Or any apartment complex who is found to have a Chronic Nuisance Property shall be assessed a fine after receiving five (5) ordinance violations or verified complaints of nuisance activity in any thirty (30) day period. The owner(s) shall be subject to the following civil penalties: (i) Two hundred Fifty Dollars ($250.00) for the first violation at a Chronic Nuisance Property; (ii) Five Hundred Dollars ($500.00) for the second violation at the same Chronic Nuisance Property; and (iii) Two Thousand Five Hundred ($2,500.00) for the third and any subsequent violation(s) at the same Chronic Nuisance Property. SECTION VI All other sections of Code Section 99 (Nuisance Ordinance 6019 passed December 17, 1996) and any amendments thereto shall remain in full force and effect. SECTION VII Any parts of the ordinance in conflict with the provisions hereof are hereby repealed. SECTION VIII This Ordinance shall be in full force and effect from and after it's passage, signature by the Members of the Common Council of the City, and publication as provided by law. ATTEST: Brenda Brunnemer-Ott, City Clerk Presented by me to the Mayor of Kokomo, Indiana, this 26th day of April, 2016 at the hour of 8:00 o'clock a.m. Brenda Brunnemer-Ott, City Clerk This Ordinance approved and signed by me this 26th day of April, 2016 at the hour of 8:00 o'clock a.m. Greg Goodnight, Mayor Ordinance #6825 PASSED by the Common Council of the City of Kokomo, Indiana this 25th day of April, 2016 AYE NAY Steve Whikehart Cindy Sanders Thomas J. Miklik Michael Wyant J. Michael Kennedy Donnie Haworth Janie Young Robert L. Hayes Sr. ATTEST: Brenda Ott, City Clerk PASSED by the Common Council of Kokomo, Indiana by a 8 to 0 vote of all members present and voting this 25th day of April, 2016. Greg Goodnight, Mayor K-386 April 29 hspaxlp
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