§ 37-53. Penalties for public nuisance violations.

(a)

General penalty. Any person who violates the provisions of section 37-51 shall be subject to the general penalty, fines and jail sentences provided in section 1-13.

(b)

Mandatory minimum fines for public nuisance violations. In imposing a fine on any person convicted of a violation of section 37-51, public nuisances prohibited, the court shall be bound by the following mandatory minimums, which shall be imposed in addition to any jail sentence imposed by the court:

(1)

First offense within two years. The mandatory minimum fine shall be five hundred dollars ($500.00), none of which may be suspended, except upon the stipulation of the city.

(2)

Second offense within two years. The mandatory minimum fine shall be eight hundred dollars ($800.00), none of which may be suspended, except upon the stipulation of the city.

(3)

Third offense within two years. The mandatory minimum fine shall be nine hundred ninety-nine dollars ($999.00), none of which may be suspended, except upon the stipulation of the city.

(c)

Conditions of suspended sentences. In the event that the court chooses to suspend any portion of the fine or jail sentence for a violation of section 37-51, public nuisances prohibited, the court shall make the suspended sentence expressly conditional on the following terms:

(1)

The defendant must evict, remove, and permanently bar from entering the property any persons who committed the criminal activity forming the basis of the public nuisance, including but not limited to the defendant himself, his or her family members and relatives, and owners, tenants, occupants, guests, and other persons. This may be accomplished through forcible entry and detainer actions, sale of the property, new leases of the property, or other legal action as needed; and

(2)

The defendant must take steps to abate the public nuisance, eliminate its past and continuing adverse effects on the neighborhood, and prevent public nuisances from recurring on the property, including, but not limited to, landlord training, tenant background checks and screening, improvements to the property including general repairs, fencing, lighting, and destruction of buildings, modifications to leases, security guards, removal of trash, junk, and graffiti; and

(3)

Any other conditions the court deems appropriate.

(d)

Posting and publication of public nuisance convictions. Upon the conviction of any person for violating section 37-51, public nuisances prohibited, in addition to the jail sentence and mandatory minimum fine provided in subsections (a) and (b) above, the city may post notices up to eight (8) feet by six (6) feet in size, consistent with applicable zoning ordinances, in prominent places on the real property on which the public nuisance occurred, or in any public street, alley or public place. These notices may be attached to any structure on the real property. The city shall have the right to enter the real property for the purpose of erecting, affixing, maintaining and removing these notices. The city may also publish notices in newspapers, periodicals, magazines, fliers and other media or official publications of the city. The city may release the notices to television, radio and cable media. The notices and releases may contain the property address, the names of the defendants convicted and all persons holding any legal or equitable interest in the property, photographs of the defendants, photographs of the property and the nuisance activity, a narrative description of the nuisance activity involved, a statement that the property constitutes a public nuisance, the court's sentence, including any suspended sentence, and the conditions of the same, and may invite the public to contact the city regarding any further nuisance activity or violations of the suspended sentence. The city may post the property and release or print the notices provided above for a period not exceeding one (1) year after the conviction, or in the event that the conviction is appealed, one (1) year from the date the conviction is affirmed. It shall be unlawful for any person to interfere with, remove, obliterate, obscure, cover, or destroy any notice posted pursuant to the provisions of this section.

(e)

Additional and alternative remedies. In addition or in the alternative to the criminal fines, sentences, conditions of suspended sentences, publication, posting, press and media releases, and other sanctions provided above, the city may also seek administrative remedies against any license and the civil remedies provided in chapter 37, article III. These remedies shall be cumulative, and the city may pursue one (1) or more of them, simultaneously or in succession.

(Ord. No. 481-98, § 1, 7-13-98; Ord. No. 279-03, § 6, 4-21-03)