§ 149.05 PERSISTENT ILLEGAL ACTIVITY PROPERTY.
(A) Determination of criminal activity nuisance. Once established that a property is a persistent illegal activity property, the Department of Codes and Regulations shall make a determination as to whether to issue a Notice of Criminal Activity Nuisance. This determination shall be based upon procedures and protocol established by the Department of Codes and Regulations that shall take into account all relevant facts. All incidents of domestic or sexual violence or other crimes in which utilizing this ordinance may have negative public policy implications including discouraging the reporting of crimes by the victims of those crimes, shall not be considered for the purposes of this chapter.
(B) Criminal activity nuisance. Based upon the factors referenced in subsection (A) Code Enforcement shall make the following determination: whether the property/premises is owned or operated in such a manner as to encourage, facilitate, enable, or permit persistent illegal activity as defined by this chapter.
(C) Determination of criminal activity nuisance. Code Enforcement, following consideration of subsections (A) and (B), shall make one of the following determinations within 30 days of receipt of a referral for a persistent criminal activity property from a law enforcement agency:
(1) That the circumstances of the alleged criminal activity do not warrant the issuance of a Notice of Criminal Activity Nuisance, no further action shall be taken; or