(D) The person, persons or business entity which at the time of the gathering owned the premises where the gathering constituting the public nuisance pursuant to Subsection 16-27.2 occurred; provided that notice of the first and subsequent responses has been mailed to the property owner of the premises as set forth herein and the gathering occurs at least 14 days after the mailing of the first notice. The property owner of the premises shall not be held responsible for any violation and penalties if the property owner is employing reasonable efforts to cooperate with the Boston Police Department or other local officials. “Reasonable efforts” shall include, but not be limited to, the following: notifying the Commissioner, or his or her designee, in writing of the owner’s willingness to cooperate with the Police or other local officials; returning all telephonic and written inquiries from the Boston Police Department or other local officials in a timely manner; retention of a security service or a Police detail; issuance of written warning(s) to the occupants of the owner’s intention to seek eviction for further public nuisances; and, the inclusion of a security rider in a lease agreement. The property owner of the premises shall not be held responsible for any violation and penalties if the property owner is actively pursuing eviction from the premises of a tenant who controlled, organized, sponsored or attended the gathering. The one-year time period for violations for a premises shall pertain only to the same residents occupying the premises who have had prior violation(s). New residents shall start a new time cycle of one year.
(CBC 1985 16-27.5; Ord. 2012 c. 8 § 1)