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A. When the chief of police receives police reports and/or other relevant evidence documenting the existence of a chronic nuisance property, the chief of police may independently review such reports and/or evidence to determine whether the property is a chronic nuisance property as defined in this chapter.

B. If, following the review described in subsection (A) of this section, the chief of police determines that the property is a chronic nuisance property, he or she shall notify the person in charge of the property in writing that the property is a chronic nuisance property and demand that he/she cease and desist from causing or allowing nuisance activities, as defined in this chapter, to continue.

1. The notice and demand shall contain substantially the following information:

a. The name and address of the person to whom the letter is issued;

b. The location of the property by address or other description sufficient for identification of the property;

c. A statement that the chief of police has determined the property to be a chronic nuisance property;

d. A concise description of the documented nuisance activities upon which the determination was based;

e. A warning that there is potential civil and/or criminal liability for continuing to cause or allow nuisance activities, as defined in this chapter, to occur upon and/or within two hundred feet of the property; and

f. The name and telephone number of the police department representative who is responsible for handling inquiries from the person in charge of the property or others with an interest in the property.

2. The notice and demand shall be served by means of personal service, or by mailing a copy of the notice to the person in charge of the property at his/her last known address, certified mail, return receipt requested, or by posting a copy of the notice and demand conspicuously upon the property.

3. The notice and demand must be served within thirty days of the occurrence of the last nuisance activity which qualified the property as a chronic nuisance property under the definitions of this chapter.

4. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting the service, declaring the time and date of service and the manner by which service was made.

5. A copy of the notice and demand shall be served upon the owner of the property at the address shown on the tax rolls of the county in which the property is located and/or the occupant of the property at the address of the property, if these persons are different than the person in charge of the property.

C. The chief of police may refer the matter for enforcement under MMC 6.05.050 if, within six months of service of the notice and demand, the chief of police receives an additional police report documenting the occurrence of a nuisance activity:

1. Upon the property; or

2. Within two hundred feet of the property and involving, at least in part, the person in charge of the property. (Ord. 026/2016 § 1)