In determining whether the property or any portion thereof should be ordered closed
as a result of the existence of a chronic nuisance, the board shall consider, in addition
to all other relevant factors, the impact of the closure on innocent parties; however,
the lack of knowledge of, acquiescence or participation in, or responsibility for
a public nuisance on the part of the owners, lessors, lessees, mortgagees and all
those persons in possession or having charge of as agent or otherwise, or having any
interest in the property used in conducting or maintaining the public nuisance, shall
not necessarily preclude closure of the property.
(5)
The order issued by the board shall include the address of the property, a description
of the nuisance(s), the length of time allowed for the property owner to abate the
nuisance or, if the structure or any part thereof is ordered closed, the length of
time of the closure and, if only a part of the structure is ordered closed, the identification
of the area to be closed. Furthermore, the order will require that if the property
is ordered closed, the property owner shall submit a plan of action intended to prevent
the property from being a chronic nuisance property after the period of closure expires,
as further described in paragraph (f)(1) of this section. The order shall also state
that any costs incurred by the city in order to uphold this order, including closure
of the property, will be specially assessed and shall be deemed both a personal debt
against the owner as well as a lien on the property until paid.
(6)
The order shall be mailed to the property owner and any other party(ies) entitled
to notice pursuant to paragraph (c)(3) of this section. The order shall be posted
on the property within 48 hours of the decision.