ARTICLE 11: DISORDERLY HOUSE NUISANCE .

14-1101 GENERAL DEFINITIONS.

For the purpose of this Article, the following definitions shall apply: (Ord. 7223)

(A) Dwelling means a house, duplex, condominium unit, apartment building, mobile home, manufactured home, trailer or any other structure(s) or place(s) used or intended to be used for human habitation, including common areas within the structure when buildings or structures are used for more than one (1) dwelling, and accessory buildings such as garages located on the same premises.

(B) In or on the premises of any Dwelling means either within a dwelling or the area within the boundary lines of any real property of the same ownership on which such dwelling is located.

(C) Occupant means any person who lives in or has possession of, or holds an occupancy interest in, a Dwelling; or any person residing in or frequenting the premises of the Dwelling with the actual or implied permission of the Owner or lessee.

(D) Owner means any person, agent, operator, firm or corporation having a legal or equitable interest in the Dwelling; or recorded in the official records of the state, county or municipality as holding title to the Dwelling; or otherwise having a control of the Dwelling, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of such property by a court.

14-1102 DISORDERLY HOUSE NUISANCE DEFINED.

A “Disorderly House Nuisance” is a Dwelling within which, or on the premises of which, any of the following offense(s) have occurred within a three hundred sixty-five (365) day consecutive period: (Ord. 7223)

(A) Two (2) or more felonies or misdemeanors, arising out of separate, and distinct facts and circumstances, as defined by the statutes of the State of Kansas, and/or the ordinances of the City of Lawrence; or

(B) Two (2) or more violations of Chapter 4 of the Code of the City of Lawrence, relating to cereal malt beverages or alcoholic beverages arising out of separate, and distinct facts and circumstances; or

(C) Two (2) or more violations of disorderly conduct as defined by the Code of the City of Lawrence or the laws of the State of Kansas, relating to violations arising out of separate, and distinct facts and circumstances; or

(D) A combination of two (2) offenses from any of the above categories, arising out of separate, and distinct facts and circumstances.

14-1103 VIOLATION.

(A) No owner or occupant of any Dwelling shall allow or permit such Dwelling to be, or become, a Disorderly House Nuisance. (Ord. 7223)

(B) An owner and/or occupant, as the case may be, shall be deemed to have allowed or permitted a Dwelling to be, or become, a Disorderly House Nuisance, if: (Ord. 7223)

(1) The owner or occupant has personally committed the acts set forth in Section 14-1102; or

(2) Such acts were committed by invitees of the occupant or owner; or

(3) Such acts were committed by persons attending events, or functions, sponsored, permitted or allowed by the occupant or owner; or

(4) Such acts were committed by a combination of subsections 1, 2 or 3; or

(5) The owner or occupant has been provided with the written notice of a Disorderly House Nuisance pursuant to Section 14-1104, below, the facts alleged therein are true, and the owner or occupant fails or refuses to enter into a Nuisance Abatement Agreement, or after entering into such Agreement, fails to comply with its terms.

14-1104 WRITTEN NOTICE OF DISORDERLY HOUSE NUISANCE.

No person shall be prosecuted for a violation of Section 14-1102 until the Director of Legal Services for the City of Lawrence, Kansas, or his or her designee, shall serve such person with the notice provided herein, and the person has either failed, or refused, to enter into the Nuisance Abatement Agreement, provided for hereinafter, or after entering into such Agreement, the person fails to comply with its provisions. Such Notice may be served on any person by personal service, or in the case of an occupant, by restricted mail addressed to the address of the Dwelling, or, in the case of a Non-Occupant Owner, by restricted mail to his or her last known address, or, if none, to the address to which any ad valorem property tax statement is provided to such owner for the Dwelling. Such notice shall contain, at a minimum, the following: (Ord. 7223)

(A) That a Disorderly House Nuisance exists, as defined by Section 14-1102, at the location specified in the notice.

(B) The date of the commission of the acts which constitute the basis for the Disorderly House Nuisance, the name(s) of the person(s) committing such acts, if known, and all other facts and circumstances that the City relies upon to allege that such acts form the basis for the Disorderly House Nuisance.

(C) The date, time and place where the person is to appear, and meet with the Director of Legal Services or his or her designee, to participate in the Nuisance Abatement Conference.

(D) That failure to appear, or failure to make satisfactory arrangements for an alternative date and time, at the time and place designated in the notice may result in prosecution of a violation of Section 14-1102 and the imposition of penalties, as prescribed by this Code.

14-1105 NUISANCE ABATEMENT CONFERENCE.

At the nuisance abatement conference, the Director of Legal Services or his or her designee, and the owner or their designee and/or occupant or their designee, shall discuss the facts constituting the Disorderly House Nuisance and shall attempt to agree on specific actions that the owner and/or occupant can take to abate said Disorderly House Nuisance. (Ord. 7223)

14-1106 NUISANCE ABATEMENT AGREEMENT.

(A) At the conclusion of the nuisance abatement conference, the Director of Legal Services or his or her designee shall submit to the owner and/or occupant a proposed written nuisance abatement agreement. If at the conclusion of the conference, the Director of Legal Services or his or her designee needs more time to draft said proposed agreement, then a follow up meeting shall be scheduled with the owner and/or occupant, within ten (10) days of the initial conference for submittal and review of the completed proposed nuisance abatement agreement. (Ord. 7223)

(B) Any nuisance abatement agreement under this Article shall include a list of specific actions and specific schedule of deadlines for said actions to abate the Disorderly House Nuisance. It may also include provisions for a periodic reassessment of the agreement effectiveness, and the procedure for a modification of the agreement. A nuisance abatement agreement or any written modification to said agreement may impose conditions or requirements on the owner and/or occupant for a period of twenty-four (24) months from the date the original agreement is entered into by the owner and/or occupant and the City. A nuisance abatement agreement may impose one or more of the following conditions or requirements on the owner and/or occupant: (Ord. 7223)

(1) Eviction of identified individuals from the dwelling in question,

(2) Written notification from the owner and/or occupant to an identified individual or individuals that they are prohibited from entering onto the Premises of the Dwelling,

(3) Utilization of written leases containing a provision or provisions requiring eviction for criminal activity,

(4) The completion of improvements upon the Premises of the Dwelling which have the impact of mitigating crime, including but not limited to the erection of fences, installation of security devises upon the entrances or increased lighting,

(5) Any other reasonable condition or requirement designated to abate the Disorderly House Nuisance.

(C) Once a proposed written nuisance abatement agreement or written modification to nuisance abatement agreement has been submitted to the owner and/or occupant, said owner and/or occupant shall have forty-eight (48) hours to review it and enter into said agreement by signing it and returning it to the Director of Legal Services or his or her designee. (Ord. 7223)

14-1107 COMMENCEMENT OF PROSECUTION.

The City may commence prosecution alleging a violation of this Article under the following circumstances: (Ord. 7223)

(A) The owner and/or occupant does not attend a conference with the City within the time period described previously.

(B) The owner and/or occupant fails or refuses to sign a proposed written nuisance abatement agreement or proposed written modification to said agreement within the prescribed time period set forth in this section.

(C) The owner and/or occupant agent subsequently fails or refuses to comply with any conditions or requirements set forth in a nuisance abatement agreement, including any prescribed deadlines for taking particular actions.

14-1108 ACTION TO ABATE; EQUITABLE RELIEF; TERMINATION OF UTILITY SERVICES.

(A) In addition to prosecution of the offense defined in this Article or pursuing any other remedies available under this Code, the City upon receipt of reliable information that any Dwelling within the corporate limits of the City is being maintained as a Disorderly House Nuisance may prosecute an action for equitable relief, the name of the City, to abate the nuisance and to enjoin any person who shall own, rent, or occupy the Dwelling in question from using or permitting its use in violation of the provisions of this ordinance. (Ord. 7223)

(B) In addition to prosecution of the offense defined in this Article, and notwithstanding the pendency of prosecution or other legal matters pending on a specified property, the Director of Legal Services, or his or her designee, may order, after lawful notice and opportunity for hearing, the termination of utility services to the property in question, upon a finding of the Director of Legal Services, or his or her designee, that the human occupancy and habitation of the property will allow for the unabated continuance of the disorderly house nuisance as defined by this Article and that the lawful termination of utility services, including but not limited to water, sanitary sewer, sanitation, electricity, natural gas, shall cease, reduce or mitigate the use of such property as a disorderly house nuisance. The termination of utility services shall occur concurrently with the posting of the property as unfit for human occupancy and habitation. (Ord. 7223)

14-1109 JUDGMENT.

No judgment finding a violation of this ordinance shall be entered against an owner and/or occupant who has, in good faith, endeavored to prevent the nuisance. Any owner and/or occupant who has complied with all conditions or requirements of a nuisance abatement agreement and any modifications to said agreement, as defined by the ordinance, shall be deemed to have endeavored in good faith to prevent the nuisance. (Ord. 7223)

14-1110 PENALTIES.

Upon a finding of guilt under this Article, the Court may, in addition to other remedies permitted by the Code, impose a term of probation for a term of up to one (1) year, conditioned on any or all of the following: (Ord. 7223)

(A) The completion of improvements upon the Premises of the Dwelling which have the impact of mitigating crime and criminal activity, including but not limited to the erection of fences, installation of security devices or increased lighting; and

(B) Requirement of a written lease for occupants which includes provisions requiring eviction for criminal activity;

(C) Submitting tenancy lists on a periodic basis to the Police Department;

(D) Posting a cash bond of no less than the minimum fine and up to the amount of the maximum fine for the period of court supervision or conditional discharge imposed by the Court, such bond to be retained by the Court in an interest bearing account and conditioned on successful completion of the period of court supervision on conditional discharge.

(E) Any other condition reasonably related to the objective of abating the Disorderly House Nuisance.