City Manager Greg Sparks in the City of Eureka e newsletter explains the proposed Chronic Noise Ordinance. First reading was September 15.
"The purpose of the ordinance is to provide clear administrative and judicial remedies against those who maintain a property in such a manner as to create an ongoing nuisance condition that is detrimental to public health, safety, and quality of life. The ordinance is intended to address both criminal behavior and physical nuisance conditions, such as garbage and building code violations. Why is this necessary? The city currently has an ordinance that can provide corrective action for properties but the practical utility of that code has been hampered by vague language and due process issues. The proposed Chronic Nuisance Code was developed to be more objective and to place the ultimate authority for summary closure in the hands of the court. What this code proposes to do is that nuisance activities be classified into three tiers with increasing points assigned to each tier. For instance, disturbing the peace earns one point, unlawful discharge of a firearm two points, and manufacture or sale of a controlled substance earns three points. Physical nuisance conditions such as building code violations can earn two points, with all physical violations considered collectively for the purpose of the code. Once a property accrues five points in any twelve month period, it may be designated as a chronic nuisance property. The purpose of the code is to address and solve problems. A voluntary abatement plan will be developed with the owner or responsible party to provide an opportunity to take mutually agreed upon corrective actions to either curb criminal behavior and to correct physical nuisance violations. The code provides for civil penalties of up to $1,000 a day and summary closure of the premises for up to one year. This proposed ordinance provides clear guidance on the procedures for summary closure and disposition of the property during closure. As with most ordinances, this is not a cure all for every problem property in the city. However, it is a tool that provides our police and code enforcement personnel with the means for addressing problem properties. The second reading of the ordinance is scheduled for October 20, and if approved, will go into effect thirty days after passage. "
Great article thanks.
ReplyDeleteThanks William.
DeleteDid LoCO report this? I don't remember seeing it on there.
ReplyDeleteI don't believe LOCO did. You should bookmark my blog.
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