A. The Chief of Police or the Precinct Commander may refer the matter to
the City Attorney where:
1. The owner or rightful possessor fails to respond within twenty (20)
days from the determination that the motel property constitutes a public
nuisance by the Chief of Police or Precinct Commander, either by appealing the
City’s determination or by submitting a proposed abatement plan as provided in
this Chapter;
2. No agreeable written abatement plan for abatement is reached within
thirty (30) days from determination of a public nuisance by the Chief of
Police or the Precinct Commander;
3. The owner or rightful possessor fails to execute commencement of the
abatement plan within a reasonable amount of time, not to exceed sixty (60)
days of the plan’s enactment; or
4. The owner or rightful possessor fails to comply and maintain
compliance with all conditions of the written abatement plan for one year.
B. Failure to respond or failure to propose an abatement plan shall be
prima facie evidence of the owner or rightful possessor’s lack of cooperation.
Failure to execute or comply with any abatement plan shall be prima facie
evidence of lack of good faith in mitigating or correcting the situation.
C. When the owner or rightful possessor makes a response to the Chief of
Police or the Precinct Commander as required by this Chapter, any conduct or
statements made in connection with the response does not constitute an admission
that any nuisance activities have occurred or are occurring. This Subsection
does not require the exclusion of any evidence which is otherwise admissible or
offered for any other purpose.
D. If a court determines a motel to be a public nuisance within the
meaning of this Chapter, the court may order any remedy it deems appropriate to
abate the nuisance, including a civil penalties not to exceed $500 for the first
occasion and not to exceed $2,500 for the second occasion, and closure of the
motel for up to six months for the third occasion.
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