Number
140922
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BOHL
Title
A substitute ordinance relating to repeated occurrence of certain public nuisance activity on unlicensed premises.
Sections
80-11 rc
Analysis
This ordinance declares an “after set activity” -- the unlicensed sale or distribution of alcohol beverages or the operation of public entertainment on an unlicensed premises - to be a public nuisance. It further provides that the premises owner or other party responsible for the premises shall be liable for all the costs of administration and enforcement of the prohibition of after set activity whenever all of the following occur:
a. The police department has responded to after set activity engaged in by a person associated with the premises.
b. The police department has sent by first-class mail a written notice of the after set activity addressed to the last known address of the premises owner or other responsible party.
c. A person associated with the premises has engaged in subsequent after set activity and the subsequent after set activity occurred at least 14 days after the mailing of notice by the police department.
d. The chief of police has notified the premises owner or other responsible party of the decision to refer the cost of police services by copy of the chief’s cost referral letter to the commissioner of neighborhood services or the city attorney for collection.
Upon receipt of a cost referral letter from the chief of police, the commissioner of neighborhood services shall charge any premises owner found to be in violation the costs of enforcement, including administrative costs, in full or in part. All costs so charged are a lien upon the premises and may be assessed and collected as a special charge. In addition, upon receipt of a cost referral letter from the chief of police, the city attorney shall initiate a collections action against any other responsible party found to be in violation for the costs of enfo...
Click here for full text