§ 18-87. Penalty/mitigation of penalty.

(a)

In the event the court determines the property to be chronic nuisance property, the court shall:

(1)

Order that the property be closed and secured against all use and occupancy for not more than 90 days;

(2)

Impose upon the responsible party a fine in the amount of $500.00 for the first violation of this article, and $1,000.00 for each subsequent violation that occurs within one year;

(3)

Order reimbursement of all costs incurred by the city, including staff time and police investigation; and/or

(4)

Order any other remedy deemed to be appropriate to abate the nuisance.

(b)

In establishing the length of closure of the property, the court may consider any of the following factors, as may be appropriate:

(1)

The actions taken by the responsible party to correct or mitigate the nuisance activities on the property;

(2)

Whether the activities at the property were repeated or continuous;

(3)

The magnitude or gravity of the problem;

(4)

Any other factor deemed to be relevant by the court;

(5)

Any impact the closure may have on an innocent tenant.

(c)

In establishing the amount of any fine, the court may consider any of the following factors, as may be appropriate:

(1)

The actions taken by the responsible party to correct or mitigate the nuisance activities on the property;

(2)

Whether the activities at the property were repeated or continuous;

(3)

The magnitude or gravity of the problem;

(4)

The cost to the city of investigating and correcting or attempting to correct the nuisance activities;

(5)

Any other factor deemed to be relevant by the court.

(d)

Notwithstanding subsection (a) of this section, the court shall not order an innocent tenant to vacate the chronic nuisance property unless the court finds that the responsible party can pay the tenant's costs of relocation. In order to ensure that an innocent tenant's relocation costs are paid by the responsible party, the court shall require the responsible party to post a security deposit with the court in an amount deemed reasonable by the court.

(e)

In the event that the owner is ordered to pay costs, the Court Clerk shall provide the City Recorder with a copy of the order, and such costs, if not paid within 30 days, shall become a lien against the property.

(Code 2006, § 9.13.5)