City attorney proposes chronic nuisance ordinance targeting properties with repeated law violations

City Attorney Hillary Evans presented a draft chronic nuisance ordinance that would authorize the city to identify properties associated with repeated law violations and pursue remedies if property owners do not abate the activity.

Evans said the draft targets repetitive criminal behavior arising from a property—for example, multiple drug, assault or warrant-related incidents—rather than traditional nuisance items such as derelict vehicles or trash piles. The process would begin with identification and notice to a property owner; if voluntary abatement did not occur the city could seek civil remedies, including injunctive relief or closure.

"A really good opportunity to resolve areas or buildings or establishments or neighborhoods that have repetitive law violations is a chronic nuisance ordinance," Evans told council. "We propose to you today is such an ordinance that would identify properties that have had, for instance, 3 law violations in 90 days or several law violations in the course of a year."

Evans said her firm has worked on similar ordinances in nearby jurisdictions and that courts have enforced reasonable abatement conditions when the city demonstrates repeated criminal activity tied to a property.

Council questions and issues: Council members asked how the ordinance differs from ordinary criminal enforcement, how many properties might be affected and how the city would set reasonable remedies when property owners have limited finances. Chief of Police said the tool would supplement health-department and criminal enforcement and that only a handful of properties historically would have met the threshold in past years.

Evans said enforcement is intended to be collaborative and discretionary; the city would generally seek cooperation and reasonable remedies rather than immediately filing a court case. If remedies are cost-prohibitive the city could choose not to pursue court action or to fashion narrower, reasonable requirements.

"You contact the legal owner of the property. You say, hey. Look. There have been x many of law violations arising on your property. Are you aware of this? And try and work with that person to rectify the problem," Evans said. "...It's a tool to address the property rather than the people."

Vacant and 'zombie' properties: Council asked about long-vacant, boarded properties with unclear ownership; Evans said those present a different and more difficult legal issue and offered to present the council with a separate briefing on 'zombie properties.'

Ending: Council generally expressed support for the ordinance as an additional enforcement tool and asked staff to return with more detail about thresholds, remedies and coordination with county services; no formal vote was taken at the workshop.